Es 10 - 2020 - 21
Es 10 - 2020 - 21
Es 10 - 2020 - 21
TENDER DESCRIPTION: TENDER FOR THE SUPPLY AND DELIVERY OF EMERGENCY SERVICES
URBAN SEARCH, RESCUE AND MISCELLANEOUS EQUIPMENT TO THE CITY
OF TSHWANE, EMERGENCY SERVICES DEPARTMENT FOR A PERIOD OF
THREE (3) YEARS ON AN AS AND WHEN REQUIRED BASIS FROM DATE OF
APPOINTMENT.
Prepared by:
City of Tshwane
Metropolitan Municipality
175 C de Wet
PRETORIA
0001
Tel: (012) 358 9999
Only bidders registered on the Central Supplier Database and with CSD Number will be
considered for this tender as it is a requirement from National Treasury.
CITY OF TSHWANE
METROPOLITAN MUNICIPALITY
BIDS ARE HEREBY INVITED FROM SUPPLIERS FOR THE FOLLOWING BID:
ES 10- TENDER FOR THE SUPPLY AND DELIVERY OF EMERGENCY SERVICES ES Louis Lewis
2020/21 06 May 2021
URBAN SEARCH, RESCUE AND MISCELLANEOUS EQUIPMENT TO THE
CITY OF TSHWANE, EMERGENCY SERVICES DEPARTMENT FOR A 012 358 2020 at 10:00
PERIOD OF THREE (3) YEARS ON AN AS AND WHEN REQUIRED BASIS
FROM DATE OF APPOINTMENT
Bids will remain valid for a period of 90 days after the closing date
.
Bids received after the closing date and time will not be considered. CoT does not bind itself to accept the lowest
or any other bid in whole or in part.
2
INDEX
3
VERY IMPORTANT NOTICE ON DISQUALIFICATIONS:
A bid not complying with the peremptory requirements stated hereunder will be regarded as
not being an “Acceptable bid”, and as such will be rejected. “Acceptable bid” means any bid
which, in all respects, complies with the conditions of bid and specifications as set out in the
bid documents, including conditions as specified in the Preferential Procurement Policy
Framework Act (Act 5 of 2000) and related legislation as published in Government Gazette
number 22549, dated 10 August 2001, in terms of which provision is made for this policy.
1. If any pages have been removed from the bid document, and have therefore not been
submitted, or a copy of the original bid document has been submitted.
2. If the bid document is completed using a pencil. Only black ink must be used to
complete the bid document.
3. The bidder attempts to influence, or has in fact influenced the evaluation and/or
awarding of the contract.
4. The bid has been submitted after the relevant closing date and time.
5. If any bidder who during the last five years has failed to perform satisfactorily on a
previous contract with the municipality, municipal entity or any other organ of state
after written notice was given to that bidder that performance was unsatisfactory.
6. The accounting officer must ensure that irrespective of the procurement process
followed, no award may be given to a person –
a) who is in the service of the state, or;
b) if that person is not a natural person, of which any director, manager, principal
shareholder or stakeholder, is a person in the service of the state; or;
c) Who is an advisor or consultant contracted with the municipality in respect of
contract that would cause a conflict of Interest.
7. Bid offers will be rejected if the bidder or any of his directors is listed on the Register
of Bid Defaulters in terms of the Prevention and Combating of Corrupt Activities Act of
2004 as a person prohibited from doing business with the public sector
8. Bid offers will be rejected if the bidder has abused the CoT’s Supply Chain
Management System.
9. Failure to complete and sign the certificate of independent determination or disclosing
of wrong information.
-----------------------------------
Bidder
4
CERTIFICATE OF AUTHORITY FOR SIGNATORY
A. COMPANIES
If the bidder is a company, a certified copy of the resolution of the Board of Directors,
personally signed by the chairperson of the board, authorizing the person to signs this bid to
do so, as well as to sign any contract resulting from this bid and any other documents and
correspondence in connection with this bid or contract on behalf of the company must be
submitted with this Bid.
DATE: …………………………………………………………………………………………..………
SIGNATURE OF
SIGNATORY:………………………………………………………………………….……………….
WITNESSES: 1. …………….………………………………………………………………………...
2. ………………………………………………………………………………………
5
B. PARTNERSHIP
The following particulars in respect of every partner must be furnished and signed by every
partner:
C. ONE-PERSON BUSINESS
………………………………….……….. ……………...………………………
Signature Date
6
D. CLOSE CORPORATION
If the case of a close corporation submitting a bid, a certified copy of the founding Statement
of such corporation shall be included with the Bid, together with a resolution by its members
authorizing a member or other official of the corporation to sign the documents and
correspondence in connection with this bid or contract on behalf of the company must be
submitted with this Bid.
……………………………..………Mr. / Ms ……………………………………………...……whose
signature appear below, has been duly authorized to sign all documents in connection with
DATE: …………………………………………………………………………………………………..
SIGNATURE OF SIGNATORY:………………………………………………………………………
WITNESSES: 1. …………………………………………………………………………………….....
2.………………………………………………………………………………………..
7
E. CERTIFICATE OF AUTHORITY FOR JOINT VENTURES
We, the undersigned, are submitting this bid offer in Joint Venture and hereby authorize
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , acting
in the capacity of lead partner, to sign all documents in connection with the bid offer and any
Lead partner
Signature:. . . . . . . . . . . . .
Name:……………………….…..
Designation:…………………...
Signature:. . . . . . . . . . . . .
Name:……………………….…..
Designation:…………………...
Signature:. . . . . . . . . . . . .
Name:……………………….…..
Designation:…………………...
Signature:. . . . . . . . . . . . .
Name:……………………….…..
Designation:…………………...
8
SPECIFICATION OR TERMS OF REFERENCE
BID NUMBER
(ES 10-2020/21)
2. BACKGROUND
Provide the background detail of the bid, i.e.:
3. PROJECT SCOPE
9
It is the intent of the City of Tshwane that these specifications cover the supply and
delivery of Urban Search and Rescue equipment on an as and when required basis
for a period of three (3) years.
With a view of obtaining the best results and the most acceptable product for service
in the Emergency Services Department, these specifications cover only the general
requirements. Minor details of materials where not otherwise specified are left to the
discretion of the bidder.
All Urban Search and Rescue equipment shall be new and of the highest quality. They
shall be protected from damage; any damaged, flawed or defaced materials shall be
rejected and replaced at a cost to the service provider. NO EXCEPTIONS
The supplier shall warrant that the materials shall be of the highest grade, in
accordance with the best practices and ready and complete for full operation. The
supplier shall warrant that all the materials / goods supplied under the contract are
new, unused, that they incorporate all recent improvements in design and materials
unless provided otherwise in the contract.
The contractor shall further warrant that all materials / goods supplied under tender
award shall have no defect, arising from design, materials, or workmanship or from
any act or omission of the supplier that may develop under normal use of the supplied
goods in the conditions prevailing in the country of final destination.
To eliminate divided responsibility and service, the full scope, which includes the
supply and delivery of Urban Search and Rescue equipment, will be adjudicated and
awarded per section. The service providers shall remain responsible for the warranty
of the products on offer.
ITEM 1.1: LAMINATED BEAM. STRUCTURAL DETAIL OF OFFER (to be completed by Bidder)
COLLAPSE
For example:
10
ITEM 1.2: SOLID TIMBER DETAIL OF OFFER (to be completed by Bidder)
For example :
For example:
For example:
12
ITEM 2.1: MARINE PLYWOOD SHEETS DETAIL OF OFFER (to be completed by Bidder)
For example:
For example:
For example:
14
ITEM 2.4: SOLID TIMBER DETAIL OF OFFER (to be completed by Bidder)
Pine Wood
Dimensions:
- Width =150mm
- Thickness = 50mm
- Length = 3.5
The bidder shall provide a brochure from the
manufacturer covering the product offered which
shall give the main features of the product
For example:
_________________
Pine Wood
Dimensions:
- Width =150mm
- Thickness = 50mm
- Length = 3.5
The bidder shall provide a brochure from the
manufacturer covering the product offered which
shall give the main features of the product.
For example:
_________________
15
The wooden plank shall meet the following
requirements:
Pine Wood
Dimensions:
- Thickness = 50mm
- Width = 300mm
- Length = 3500mm
For example :
ITEM 3.1: ADJUSTABLE TRENCH SHORING PROP DETAIL OF OFFER (to be completed by Bidder)
/ STRUT (1.20M)
16
Colour: Hi-Vis Orange Oven baked Powder
Coat
Weight: 10.6 kg
The bidder shall provide a brochure from the
manufacturer covering the product offered
which shall give the main features of the
product and information on compliance with
standards.
For example :
ITEM 3.2: ADJUSTABLE TRENCH SHORING PROP DETAIL OF OFFER (to be completed by Bidder)
/ STRUT (3.20M
17
The bidder shall provide a brochure from the
manufacturer covering the product offered
which shall give the main features of the
product and information on compliance with
standards.
For example:
ITEM 3.3: ADJUSTABLE TRENCH SHORING DETAIL OF OFFER (to be completed by Bidder)
PROP / STRUT (5.60M)
18
For example:
ITEM 3.4: MINI TRENCH BOX DETAIL OF OFFER (to be completed by Bidder)
For example:
19
ITEM 3.5: STANDARD TRENCH BOX. DETAIL OF OFFER (to be completed by Bidder)
The Standard Trench Box shall meet or exceed the
following requirements:
For example:
20
DETAIL OF OFFER (to be completed by Bidder)
ITEM 3.6: A SET OF ALUMINIUM HYDRAULIC
SHORING
For example:
21
Hydraulic Shoring Cylinder
ITEM 3.7: HYDRAULIC SHORING PUMP CAN DETAIL OF OFFER (to be completed by Bidder)
For example:
ITEM 3.8: HYDRAULIC SHORING RELEASE DETAIL OF OFFER (to be completed by Bidder)
TOOL & HYDRAULIC SHORING RELEASE HOOK
22
DETAIL OF OFFER (to be completed by Bidder)
ITEM 3.9: A SET OF ALUMINIUM HYDRAULIC
SHORING (2)
For example:
23
Hydraulic Shoring Cylinder
ITEM 3.10: TRENCH JACK KIT DETAIL OF OFFER (to be completed by Bidder)
For example:
FULL SYSTEM
24
SIDE RAILINGS
STANDARD PISTON
LOCKING PISTON
25
ITEM 3.11: HYDRAULIC PUMP KIT. DETAIL OF OFFER (to be completed by Bidder)
The Hydraulic Pump Kit shall meet or exceed the
following requirements:
For example :
HYDRAULIC HOSE
26
ITEM 3.12: INSERTS REMOVAL RODS. DETAIL OF OFFER (to be completed by Bidder)
The Insert and Removal Rods shall meet or exceed
the following requirements:
For example:
ITEM 3.13: HYDROJACK MODULAR SYSTEM. DETAIL OF OFFER (to be completed by Bidder)
The Hydro Jack Modular System shall meet or exceed
the following requirements:
27
Side panels shall come fastened to Hydro
Jack systems.
Systems shall come with eight corner panel
reinforcements for maximum durability and
strength.
The System shall come with 2 certified
hydraulic Hydro Jack kits
The kit shall come with a hydraulic pump and
hose.
The Length X Height= 1.22 m x 2.44 m
The Width (min/max) = 132.08 cm / 223.52 cm
Total Weight= 235.89 Kg.
2 x Locking Piston= 182.88 cm
The system shall have (2x) 2.44 m. Tall Rails
Weight of the railing system = 28.12 Kg.
The system shall have (2x) 1.22 m x 2.44 m
Sidewall Fits HS systems (Pre-Drilled)
The weight for the side walls shall be =99.79
Kg. ea.
Hydraulic hand pump Bucket
Hydraulic pump shall have 4x-Port Steel Pump
Bucket
The weight of the Pump Bucket shall be =
15.88 Kg
The Removal Hook shall be = 254 cm in length
The weight of the hook shall be= 4.54 Kg.
Insert Rod
Weight= 5 Kg
System shall come with 4 leg Rigging
Equipment
The Rigging system shall be of weather
resistant heavy-duty nylon
The length of the rigging system shall be 2.44
m Nylon Sling
60° Rating = 4.36 Kg.
The hydraulic hose shall be = 170.18 cm
Length
The weight shall be = 1.81 Kg.
The hose shall withstand the pressure of 3500
KPa pressure rating
The hose shall meet the requirements of SAE
100 RZAT specs
The bidder shall provide a brochure from the
manufacturer covering the product offered
which shall give the main features of the
product and information on compliance with
standards.
For example :
HYDROJAC FULL SYSTEM
28
RIGGING RODS
Hydraulic Pump
Rigging Equipment
LOCKING PITON
29
ITEM 3.14: STEP CHOCK DETAIL OF OFFER (to be completed by Bidder)
The Step Chock shall meet or exceed the following
requirements:
For example :
30
ITEM 3.15: GRIB KIT DETAIL OF OFFER (to be completed by Bidder)
For example :
ITEM 3.16: COMPOUND SLIDING SAW. DETAIL OF OFFER (to be completed by Bidder)
For example:
32
The Multi-Purpose circular saw shall meet the
following requirements:
For example:
ITEM 4.2: 185 MM DIAMOND BLADE DETAIL OF OFFER (to be completed by Bidder)
33
Bore:20 mm
Style: Diamond
Size: 185 mm
Item Weight:399 g
For example:
ITEM 4.3: 185MM CIRCULAR SAW BLADE DETAIL OF OFFER (to be completed by Bidder)
34
The bidder shall provide a brochure from the
manufacturer covering the product offered which shall
give the main features of the product and information
on compliance with standards.
For example :
For example :
35
ITEM 4.5: TWIN SAW REPLACENT BLADE. DETAIL OF OFFER (to be completed by Bidder)
For example :
ITEM 4.6: POWER RESCUE CUTTER DETAIL OF OFFER (to be completed by Bidder)
36
Tool Weight: 11.48 Kg.
Max. RPM: 4700
For example :
ITEM 4.7: ELECTRIC HEAVY DUTY NAIL GUN DETAIL OF OFFER (to be completed by Bidder)
(CONCRETE)
Impact adjustable.
Contact safety switch depress to fire.
37
Side loading of staples and nails.
Easy jam clear mechanism.
Over moulded soft grip
Voltage: 220V/ 60Hz
Staple wire specification: 1.25x1.0mm (18 Gauge)
Nail wire specification: 1.25x1.0mm (18 Gauge)
Staple / Nail loading capacity: 100pcs
2,2M Electrical cable
South Africa electrical plug
Type: staple and nail
Power Source: Electricity
Capacity: 20shot/m
Rated current: 9A
Staple width: 5.7mm
Staple length: 19 mm
Staple thickness: 1.25mm
Nail width: 2mm
Nail length: 25mm
Nail thickness: 1.25mm
1x Hexagon key.
1x Electrical Nail Box Plastic Box
The bidder shall provide a brochure from the
manufacturer covering the product offered which shall
give the main features of the product and information
on compliance with standards.
For example:
38
The Hand Saw Replacement Blades shall meet the
following requirements:
For example:
For example:
ITEM 4.10: BULLET CHAIN SAW DETAIL OF OFFER (to be completed by Bidder)
40
Speed: Variable Speed
No Load Time: 30 mins
No Load Speed: 3000 RPM
Power Consumption: 40.2CC
Some features are:
- Low maintenance
- Rugged construction
- Smooth edges
- Weight: 4.6 Kg
For example :
ITEM 4.11: CONCRETE CUTTING CHAIN SAW. DETAIL OF OFFER (to be completed by Bidder)
For example:
42
ITEM 4.12: CONCRETE CUTTING CHAIN SAW RE DETAIL OF OFFER (to be completed by Bidder)
PLACEMENT CHAIN.
ITEM 4.13: HEAVY-DUTY FIRE RESCUE SAW. DETAIL OF OFFER (to be completed by Bidder)
For example:
43
ITEM 4.14: HEAVY-DUTY FIRE RESCUE SAW DETAIL OF OFFER (to be completed by Bidder)
REPLAEMENT BLADE.
For example :
For example:
44
ITEM 4.16: FLAT HEAD FIRE AXE. DETAIL OF OFFER (to be completed by Bidder)
For example:
ITEM 4.17: FLAT HEAD FIRE AXE. DETAIL OF OFFER (to be completed by Bidder)
45
The Flat Head Axe shall meet or exceed the following
requirements:
For example:
46
For example:
ITEM 4.19: FIRE BRIGADE HATCHET INCL. DETAIL OF OFFER (to be completed by Bidder)
POST WRENCH
For example:
47
ITEM 4.20: CHAINSAW CHAPS (INDUSTRIAL DETAIL OF OFFER (to be completed by Bidder)
FORESTRY SAFETY HELMET AND HEARING
PROTECTION SYSTEM).
Example:
48
ITEM 4.21: CHAINSAW CHAPS (Forester Chainsaw DETAIL OF OFFER (to be completed by Bidder)
Apron Chaps with Pocket).
For example :
ITEM 4.22: CHAINSAW CHAPS (4 SSET OF HIGH DETAIL OF OFFER (to be completed by Bidder)
IMPACT PLASTIC FELLING WEDGE).
49
The 4 Set of High Impact Plastic Felling Wedge
shall meet or exceed the following requirements:
Weight: 0.09 Kg
Dimensions: 0.508 x 0.508 x 0.508 cm
Size: Set of 4 – 13.97 cm
Material: Plastic
Colour: Orange
For example:
ITEM 4.23: CHAINSAW CHAPS (Functional Saw DETAIL OF OFFER (to be completed by Bidder)
Protection Gloves).
For example :
50
ITEM 4.24: WOOD CHISSELS DETAIL OF OFFER (to be completed by Bidder)
For example:
51
ITEM 4.25: CARPENTER SQUARE DETAIL OF OFFER (to be completed by Bidder)
For example :
For example:
53
give the main features of the product and information
on compliance with standards.
For example :
ITEM 4.28: ROCKET CLAW HAMMER DETAIL OF OFFER (to be completed by Bidder)
For example:
ITEM 4.29: STEEL FRAMING CLAW HAMMER DETAIL OF OFFER (to be completed by Bidder)
54
The Steel Framing Claw Hammer shall meet or
exceed the following requirements:
680,39 g head
Milled face
Length: 38,1 cm
Weight: 1,45 kg
Width: 10,16 cm
Height: 2,54 cm
Depth: 40,64 cm
For example:
ITEM 4.30: TITANIUM CLAW HAMMER. DETAIL OF OFFER (to be completed by Bidder)
For example :
55
SECTION 5: TOOLS-METAL
ITEM 5.1: SOLID FRAME HACKSAW DETAIL OF OFFER (to be completed by Bidder)
For example:
ITEM 5.2: SOLID FRAME HACK SAW BLADE. DETAIL OF OFFER (to be completed by Bidder)
56
The Solid Frame Hack Saw Blade shall meet or
exceed the following requirements:
For example :
ITEM 5.3: METAL MINI-HACK UTILITY SAW DETAIL OF OFFER (to be completed by Bidder)
Style: Hack
For example :
57
ITEM 5.4: METAL MINI-HACK UTILITY SAW DETAIL OF OFFER (to be completed by Bidder)
BLADE.
For example:
58
ITEM 5.6: ANGLE GRINDER DISC DETAIL OF OFFER (to be completed by Bidder)
For example:
ITEM 5.7: HEAVY DUTY AIR NIBBLER DETAIL OF OFFER (to be completed by Bidder)
For example:
ITEM 5.8: HEAVY DUTY BOLT CUTTER DETAIL OF OFFER (to be completed by Bidder)
60
The bidder shall provide a brochure from the
manufacturer covering the product offered which shall
give the main features of the product and information
on compliance with standards.
For example:
ITEM 5.9: POWER LINK BOLT CUTTER (MEDIUM). DETAIL OF OFFER (to be completed by Bidder)
For example:
61
ITEM 5.10: BALL PEEN HAMMER DETAIL OF OFFER (to be completed by Bidder)
For example:
62
Shall have a Sure Grip Handle
Weight: 1.8kg
Head Finish: Epoxy coated
Total Length: 295mm
Weight: 2.13kg
For example:
ITEM 5.12: 9 x PIECES OF COLD CHISELS DETAIL OF OFFER (to be completed by Bidder)
63
The bidder shall provide a brochure from the
manufacturer covering the product offered which shall
give the main features of the product and information
on compliance with standards.
For example:
For example:
64
ITEM 5.14: ENGINEERS CHALK DETAIL OF OFFER (to be completed by Bidder)
For example :
65
Weight: 6 Kg
Colour: Black
For example:
For example :
66
ITEM 6.3: BRICK BOLSTER DETAIL OF OFFER (to be completed by Bidder)
For example:
67
ITEM 6.4: MANSORY CHISELS DETAIL OF OFFER (to be completed by Bidder)
For example:
ITEM 7.1: SOCKET & SPANNERS DETAIL OF OFFER (to be completed by Bidder)
(IMPERIAL/METRIC
For example:
69
ITEM 7.2 : PIPE WRENCH/STILSONS - ( (MEDIUM DETAIL OF OFFER (to be completed by Bidder)
For example:
70
ITEM 7.3: PIPE WRENCH/STILSONS -( (SMALL). DETAIL OF OFFER (to be completed by Bidder)
For example :
71
ITEM 7.4: PIPE WRENCH/STILSONS -(LARGE). DETAIL OF OFFER (to be completed by Bidder)
For example:
72
ITEM 7.5: SPANNER SHIFTER (LARGE). DETAIL OF OFFER (to be completed by Bidder)
For example:
73
ITEM 7.6: SPANNER SHIFTER (MEDIUM). DETAIL OF OFFER (to be completed by Bidder)
For example:
ITEM 7.7: SPANNER SHIFTER (SMALL). DETAIL OF OFFER (to be completed by Bidder)
74
The Small Spanner Shifter shall meet or exceed the
following requirements
For example:
ITEM 7.8: 8 PIECE PHIILIP HEAD SCREW DETAIL OF OFFER (to be completed by Bidder)
DRIVERS
75
Have small hanging holes at the end to facilitate
hanging.
For example:
ITEM 7.9: 5 PIECE FLAT BLADE SLOTTED SCREW DETAIL OF OFFER (to be completed by Bidder)
DRIVERS.
For example:
76
ITEM 7.10: IMPACT DRILL DETAIL OF OFFER (to be completed by Bidder)
For example
77
ITEM 7.11: AIR OPERATED SOCKET WRENCH DETAIL OF OFFER (to be completed by Bidder)
KIT.
The Air Operated Socket Wrench Kit shall meet or
exceed the following requirements
1Pc AT-5040
10 Pc Air Sockets: 10,11,12,13,15,17,19,21,22,24,
m
1Pc 5” Extension Bar
1Pc Oil Pot
1Pc Hex Wrench
1Pc Nipple
1Pc Plastic Case
1Pc Mini Oiler
Packing: 4 Sets/Carton quantity/19kgs
Professional
16mm Bolt capacity
7000RPM Free speed
30kg/cm Max Torque
6.5mm Air inlet
Average air consumption @ 100% duty cycle:
23CFM
Working air pressure: 6.5 bar
Single hammer clutch type
Min compressor required: 5HP
For example :
78
ITEM 7.12: MULTI – GRIP DETAIL OF OFFER (to be completed by Bidder)
Head polished
Handle covered with non-skidding plastic
Material: Chromium vanadium steel
Hardened in oil and annealed
Sure locking on the hinge to prevent unintended
adjustment.
Setting to be per button directly on the work piece.
Jaw Capacity Max. - Metric 27 mm
Length: 125 mm
Number of Adjustments:13
Weight: 85 g
Plier Type: Slip Joint
Plier Material: Chrome-Vanadium Steel
Example
Combination Plier
79
Suitable for: Cutting/Clamping/Stripping
After being subjected to a pressure of 20N, a
temperature of 70 degrees and current arc 5000
volts for 3 minutes, no pressure marks of lift-off
must appear on the insulation
Jaw: 150 mm
Type: Locking Pliers
Application: Multi-Functional
Handle Style: Bent
Material: Chrome Vanadium
Handle material: TPE Plastic
Withstand voltage: 1000V
For example:
ITEM 7.14: LONG NOSE PLIER DETAIL OF OFFER (to be completed by Bidder)
80
ITEM 7.15: SIDE CUTTER DETAIL OF OFFER (to be completed by Bidder)
For example:
ITEM 7.16: SET TIN SNIPS DETAIL OF OFFER (to be completed by Bidder)
81
1 x Storage Bag
for example:
ITEM 7.17: 5 PIECE CENTER PUNCHES. DETAIL OF OFFER (to be completed by Bidder)
For example :
82
ITEM 7.18: 4 PIECE NAIL PUNCHES. DETAIL OF OFFER (to be completed by Bidder)
For example:
83
Handle: Black Plastic
Weight: 0.1 Kg
for example:
84
The bidder shall provide a brochure from the
manufacturer covering the product offered which shall
give the main features of the product and information
on compliance with standards.
For example:
ITEM 7.21: HAZMAT HOOLIGAN TOOL. DETAIL OF OFFER (to be completed by Bidder)
85
The bidder shall provide a brochure from the
manufacturer covering the product offered which shall
give the main features of the product and information
on compliance with standards.
For example:
ITEM 7.22: GOOSENECK WRECKING BAR DETAIL OF OFFER (to be completed by Bidder)
Size: 91.44 cm
For example:
86
ITEM 7.23: FUBAR III CROW BAR DETAIL OF OFFER (to be completed by Bidder)
Weight: 1.69 Kg
Size: 3.85 Kg
Material: Metal
The bidder shall provide a brochure from the
manufacturer covering the product offered which shall
give the main features of the product and information
on compliance with standards.
For example:
87
TEM 7.24: WRECKING BAR DETAIL OF OFFER (to be completed by Bidder)
Weight: 3.9 Kg
Material: Steel
For example:
ITEM 7.25: JIMMY BAR (PINCH) DETAIL OF OFFER (to be completed by Bidder)
Weight:1, 81 kg
88
Dimensions: 73.91 x 2.79 x 2.79 cm
The bidder shall provide a brochure from the
manufacturer covering the product offered which shall
give the main features of the product and information
on compliance with standards.
For example:
ITEM 7.26: 2 SET OF SAW HORSES. DETAIL OF OFFER (to be completed by Bidder)
For example:
89
ITEM 7.27: GLASS CUTTER DETAIL OF OFFER (to be completed by Bidder)
For example:
90
ITEM 7.28: SPIRIT LEVEL DETAIL OF OFFER (to be completed by Bidder)
For example:
Weight: 0.54 Kg
Batteries: 2 AA Batteries
Colour: Black
91
Material: Aluminium
Usage: Personal
For example:
92
Meticulous treatment, delicate design and wearable
performance
16-step ladder in folding style, can be lengthened to
470cm.
Material: Aluminium
Colour: Silver
Folded Length: 12cm
Weight: 1212690g
Space between rungs: 27.94 cm
Maximum Load: 150 Kg
Ladder Height: 207.01cm
Maximum Height: 470cm
Package must include:
- 1 x Folding Ladder
- 2 x Iron hides
- 1 x Workbench (UK).
For example:
93
Size: 18 cm
Colour: Pantone
Non Toxic: Yes
Rust Proof: Yes
For example:
ITEM 7.32: SHORT HANDLE SHOVEL. DETAIL OF OFFER (to be completed by Bidder)
Weight: 0.79 Kg
The bidder shall provide a brochure from the
manufacturer covering the product offered which shall
give the main features of the product and information
on compliance with standards.
For example:
94
ITEM 7.33: SCOOP SHOVEL DETAIL OF OFFER (to be completed by Bidder)
For example:
95
ITEM 7.34: LONG HANDLE SHOVEL. DETAIL OF OFFER (to be completed by Bidder)
For example:
96
ITEM 7.35: SPADE DETAIL OF OFFER (to be completed by Bidder)
For example:
97
A Pick shall meet or exceed the following
requirements:
For example:
98
The bidder shall provide a brochure from the
manufacturer covering the product offered which shall
give the main features of the product and information
on compliance with standards.
For example:
For example:
99
Them Allen Keys shall meet or exceed the following
requirements:
For example:
100
Easy to tear off the roll the duct tape for shall be
curl-resistant and bonds well without leaving
behind a sticky mess.
The tape must be tough and moisture-resistant.
For example:
ITEM 7.41: 5-Tray Cantilever Steel Tool Chest DETAIL OF OFFER (to be completed by Bidder)
Cabinet
101
Dimensions: 49.53 x 20.57 x 27.94 cm
For example:
102
Example:
ITEM 7.43: DIAMOND CORE DRILL BIT SET DETAIL OF OFFER (to be completed by Bidder)
103
Minimum rate of input 2000 Watts
Minimum 2500 impacts per minute
Weight maximum 32 kg
Length less than 900mm
Impact energy minimum 60 Joules
Active vibration reduction
Chiselling Performance minimum 35000
cm3/min
Minimum of up to 5,5 Ton of concrete / hour
Hammer drilling in materials up to 130 mm
minimum
Heavy breaking ability
Minimum vibration not more than the legal limit
of 7m/s2 over 4 hours of trigger time
2 Narrow Flat Chisels 500mm minimum 25
mm flat head
Durable storage case
Life time Manufactures Warrantee
The bidder shall provide a brochure from the
manufacturer covering the product offered which shall
give the main features of the product and information
on compliance with standards.
Example:
ITEM 7.45: HEAVY DUTY G-CLAMP 50mm X 25mm DETAIL OF OFFER (to be completed by Bidder)
- G-clamp shall have smooth running screw
threads with rotatable captive pads on the
lower clamping face.
- The clamp shall be finished in stove enamelled
blue.
- The G clamp shall be used in both
woodworking and metalworking.
- G Clamp shall be designed to hold objects in
place and prevent any movement. The hand
tool shall consist of two jaws.
- The upper edge of the ’G’ shall act as one jaw
and a threaded screw which comes through a
104
hole at the bottom shall provide the other jaw
for clamping workpieces.
The bidder shall provide a brochure from the
manufacturer covering the product offered which shall
give the main features of the product and information
on compliance with standards.
Example:
ITEM 7.46: HEAVY DUTY G-CLAMP 100mm X DETAIL OF OFFER (to be completed by Bidder)
60mm
Example:
105
ITEM 7.47: HEAVY DUTY G-CLAMP 150mm X DETAIL OF OFFER (to be completed by Bidder)
80mm
- G-clamp shall have smooth running screw
threads with rotatable captive pads on the
lower clamping face.
- The clamp shall be finished in stove enamelled
blue.
- The G clamp shall be used in both
woodworking and metalworking.
- G Clamp shall be designed to hold objects in
place and prevent any movement. The hand
tool shall consist of two jaws.
- The upper edge of the ’G’ shall act as one jaw
and a threaded screw which comes through a
hole at the bottom shall provide the other jaw
for clamping workpieces.
The bidder shall provide a brochure from the
manufacturer covering the product offered which shall
give the main features of the product and information
on compliance with standards.
Example:
ITEM 7.48: CURVED JAW LOCKING PLIER DETAIL OF OFFER (to be completed by Bidder)
Example:
ITEM 7.49: HEAVY DUTY 3 TON JACK STAND DETAIL OF OFFER (to be completed by Bidder)
Example:
107
ITEM 7.50: HEAVY DUTY 6 TON JACK STAND DETAIL OF OFFER (to be completed by Bidder)
Example:
ITEM 7.51: HEAVY DUTY 12 TON JACK STAND DETAIL OF OFFER (to be completed by Bidder)
108
product and information on compliance with
standards.
Example:
ITEM 7.52: 2 TON TROLLEY JACK DETAIL OF OFFER (to be completed by Bidder)
Example:
109
ITEM 7.53: GRIP CROWBAR (GWALA) DETAIL OF OFFER (to be completed by Bidder)
For example:
110
4. STAGES OF EVALUATION
This bid will be evaluated in four evaluation stages namely:
The bidder shall comply 100% with the specifications and provide a brochure from
the manufacturer covering the product offered which shall give the main features
of the product. Product brochures shall be provided for each section. Bidders will
be disqualified on sections without product brochures and only sections with
brochures will be considered for further evaluation as per the table provided below:
Brochure provided
SECTION DESCRIPTION covering the main
features (yes/no)
Laminated beam. Structural collapse
Item 1.1
Solid timber
Item 1.2
Item 1.3 Solid timber
Plywood sheets.
Item 1.4
Brochure provided
SECTION 2 DESCRIPTION covering the main
features (yes/no)
Item 2.1 Marine plywood sheets
111
Wooden plank
Item 2.6
Brochure provided
SECTION 3 DESCRIPTION covering the main
features (yes/no)
Adjustable rescue Prop / Strut(1.20m
Item 3.1
Adjustable rescue Prop / Strut(3.20m
Item 3.2
Adjustable rescue Prop / Strut(5.60m)
Item 3.3
Mini trench box
Item 3.4
Standard trench box
Item 3.5
112
Concrete cutting chain saw re placement
Item 4.12
chain.
Item 4.13 Heavy-duty fire rescue saw.
Heavy-duty fire rescue saw replacement
Item 4.14
blade.
Item 4.15 Broze axe
Item 4.16 Flat head fire axe.
Item 4.17 Flat head fire axe.
Item 4.18 Pick axe
Item 4.19 Fire brigade hatchet incl. post wrench
Chainsaw chaps (industrial forestry safety
Item 4.20
helmet and hearing protection system)
Item 4.21 CHAINSAW CHAPS (Forester Chainsaw
Apron Chaps with Pocket).
Item 4.22 Chainsaw chaps (4 set of high impact
plas tic felling wedge).
Brochure provided
SECTION 5 DESCRIPTION covering the main
features (yes/no)
Item 5.1 Solid frame hacksaw
Item 5.2 Solid frame hacksaw blade
Item 5.3 Metal mini-hack utility saw
113
Item 5.11 Club hammer
Item 5.12 9 x PIECES OF COLD CHISELS
Item 5.13 Chisel holder
Item 5.14 Engineers chalk
Brochure provided
SECTION 6 DESCRIPTION covering the main
features (yes/no)
Item 6.1 Sledge hammer
Item 6.2 Electrical bolster
Item 6.3 Brick bolster
Item 6.4 Mansory chisels
Brochure provided
SECTION 7 DESCRIPTION covering the main
features (yes/no)
Socket & spanners (imperial/metric
Item 7.1
Pipe wrench/stilsons - ( (medium
Item 7.2
Pipe wrench/stilsons -( (small).
Item 7.3
Pipe wrench/stilsons -(large).
Item 7.4
Spanner shifter (large).
Item 7.5
Spanner shifter (medium).
Item 7.6
Spanner shifter (small).
Item 7.7
8 piece phiilip head screw drivers
Item 7.8
5 piece flat blade slotted screw drivers.
Item 7.9
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Item 7.54 Cable ties
The City shall only accept the specifications minimum threshold percentage and
requirements for local production and content as referred to in the National
Treasury designated sectors.
The stipulated minimum threshold for local production and content for textiles,
clothing, leather and footwear have been designated as a sector for local
production and content at a minimum threshold of 100%. The designation
constituted sub-sectors as per Standard Industry Classification codes of which
clothing, bags and footwear is part of the sub-sector.
Should the bidder not be able to comply with the minimum threshold, exemption
need to be submitted with the bid received from the Department of Trade and
Industry in order to be considered for further evaluation. Bidders that do not comply
with the above-mentioned requirements will be automatically disqualified for the
tabled item.
General
The descriptions in this Price Schedule shall be read in conjunction with the specification.
The unit price for each item in the Price Schedules shall include for all materials, labour,
profit, transport, etc.
The bid is to be awarded on an as and when required basis for a period of three
years. Items must be priced individually at a cost per unit price. For evaluation
purposes, the tender will be awarded to the highest scoring bidder priced per
section.
The City of Tshwane reserves the right to request for conformity certification
on delivery (manufacture/laboratory) where such a product is required to
meet standards.
Schedule
116
UNIT PRICE
SECTION DESCRIPTION UNIT
R c
117
UNIT PRICE
SECTION DESCRIPTION UNIT
R c
tool & hydraulic shoring release hook
118
UNIT PRICE
SECTION DESCRIPTION UNIT
R c
Item 4.17 Flat head fire axe. 1
1
Item 5.9 Power link bolt cutter (medium).
119
UNIT PRICE
SECTION DESCRIPTION UNIT
R c
Item 5.10 Ball peen hammer 1
120
UNIT PRICE
SECTION DESCRIPTION UNIT
R c
Item 7.13 Combination plier. 1
Halligan tool 1
Item 7.20
Hazmat hooligan tool. 1
Item 7.21
Wrecking bar 1
Item 7.24
Stud finder 1
Item 7.29
1
Item 7.33 Scoop shovel
Mattock 1
Item 7.37
121
UNIT PRICE
SECTION DESCRIPTION UNIT
R c
5-tray cantilever steel tool chest cabinet 1
Item 7.41
8. DELIVERY REQUIREMENTS
Bidders shall provide a written declaration confirming the 100% local content and
production of the items listed in the table below. Should the bidder not be able to
comply with the minimum threshold, exemption need to be submitted with the bid
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received from the Department of Trade and Industry in order to be considered for
further evaluation. Bidders that do not comply with the above-mentioned
requirements will be automatically disqualified for the tabled item.
The city of Tshwane reserves the right to conduct market analysis. Should the city exercise
this option, Where a tenderer offers a price that is deemed not to be viable to supply goods or
services as required, written confirmation will be made with the tenderer if they will be able to
deliver on the price, if a tenderer confirm that they cannot, The tenderer will be disqualified on
the basis of being non-responsive. If they confirm that they can deliver, a tight contract to
mitigate the risk of non-performance will be entered into with the service provider. Further
action on failures by the supplier to deliver will be handled in terms of the contract including
performance warnings and listing on the database of restricted suppliers.
The city further reserves the right to negotiate a market related price with a tenderer scoring
the highest points. If the tenderer does not agree to a market-related price, the city reserves
the right to negotiate a market-related price with the tenderer scoring the second highest
points, if the tenderer scoring the second highest points does not agree to a market-related
price, negotiate a market-related price with the tenderer scoring the third highest points. If a
market-related price is not agreed, the city reserves the right to cancel the tender.
123
MBD1
PART A
INVITATION TO BID
YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF THE CITY OF TSHWANE MUNICIPALITY
BID NUMBER: ES 10-2020/21 CLOSING DATE: 06 May 2021 CLOSING TIME: 10:00
TENDER FOR THE SUPPLY AND DELIVERY OF EMERGENCY SERVICES URBAN SEARCH, RESCUE AND
MISCELLANEOUS EQUIPMENT TO THE CITY OF TSHWANE, EMERGENCY SERVICES DEPARTMENT FOR
DESCRIPTION A PERIOD OF THREE (3) YEARS ON AN AS AND WHEN REQUIRED BASIS FROM DATE OF APPOINTMENT
THE SUCCESSFUL BIDDER WILL BE REQUIRED TO FILL IN AND SIGN A WRITTEN CONTRACT FORM (MBD7).
BID RESPONSE DOCUMENTS MAY BE DEPOSITED IN THE BID BOX
SITUATED AT (STREET ADDRESS
3.1. IS THE ENTITY A RESIDENT OF THE REPUBLIC OF SOUTH AFRICA (RSA)? YES
NO
3.2. DOES THE ENTITY HAVE A BRANCH IN THE RSA?
YES NO
3.3. DOES THE ENTITY HAVE A PERMANENT ESTABLISHMENT IN THE RSA? YES
NO
3.4. DOES THE ENTITY HAVE ANY SOURCE OF INCOME IN THE RSA? YES
NO
3.5. IS THE ENTITY LIABLE IN THE RSA FOR ANY FORM OF TAXATION? YES
NO
IF THE ANSWER IS “NO” TO ALL OF THE ABOVE, THEN IT IS NOT A REQUIREMENT TO REGISTER FOR A TAX
COMPLIANCE STATUS SYSTEM PIN CODE FROM THE SOUTH AFRICAN REVENUE SERVICE (SARS) AND IF NOT
REGISTER AS PER 2.3 ABOVE.
NB: FAILURE TO PROVIDE ANY OF THE ABOVE PARTICULARS MAY RENDER THE BID INVALID.
NO BIDS WILL BE CONSIDERED FROM PERSONS IN THE SERVICE OF THE STATE.
SIGNATURE OF BIDDER:
……………………………………………
DATE:
125
…………………………………………...
MBD 3.1
__________________________________________________________________________
- At: …………………………..….…………….…….
……………………………………………….…
Note: All delivery costs must be included in the bid price, for delivery at the prescribed destination.
** “all applicable taxes” includes value- added tax, pay as you earn, income tax, unemployment
insurance fund contributions and skills development levies.
126
MBD 3.2
PRICING SCHEDULE – NON-FIRM PRICES
(PURCHASES)
NOTE: PRICE ADJUSTMENTS WILL BE ALLOWED AT THE PERIODS AND TIMES SPECIFIED IN THE
BIDDING DOCUMENTS.
------------------------------------------------------------------------------------------------------------------
- At: …….…..……………………………….
** ”all applicable taxes” includes value- added tax, pay as you earn, income tax, unemployment
insurance fund contributions and skills development levies.
*Delete if not applicable
127
MBD 3.2
PRICE ADJUSTMENTS
1. IN CASES OF PERIOD CONTRACTS, NON FIRM PRICES WILL BE ADJUSTED (LOADED) WITH
THE ASSESSED CONTRACT PRICE ADJUSTMENTS IMPLICIT IN NON FIRM PRICES WHEN
CALCULATING THE COMPARATIVE PRICES
R1t R 4t
Pa 1 V Pt D1
R 2t R3t
D2 D3 D4 VPt
R1o R 2o R3o R 4o
Where:
FACTOR
P PERCENTAGE OF BID PRICE
(D1, D2 etc. eg. Labour, transport etc.)
128
MBD 3.2
1. Please furnish full particulars of your financial institution, state the currencies used in the conversion of
the prices of the items to South African currency, which portion of the price is subject to rate of exchange
variations and the amounts remitted abroad.
AMOUNT IN
PORTION OF
FOREIGN
PARTICULARS OF FINANCIAL PRICE
ITEM NO PRICE CURRENCY RATE CURRENCY
INSTITUTION SUBJECT TO
REMITTED
ROE
ABROAD
ZAR=
ZAR=
ZAR=
ZAR=
ZAR=
ZAR=
2. Adjustments for rate of exchange variations during the contract period will be calculated by using the
average monthly exchange rates as issued by your commercial bank for the periods indicated
hereunder: (Proof from bank required)
129
MBD 4
DECLARATION OF INTEREST
2. Any person, having a kinship with persons in the service of the state, including a blood
relationship, may make an offer or offers in terms of this invitation to bid. In view of
possible allegations of favouritism, should the resulting bid, or part thereof, be awarded
to persons connected with or related to persons in service of the state, it is required that
the bidder or their authorised representative declare their position in relation to the
evaluating/adjudicating authority.
3. In order to give effect to the above, the following questionnaire must be completed
and submitted with the bid.
3.7 The names of all directors / trustees / shareholders members, their individual identity
numbers and state employee numbers must be indicated in paragraph 4 below.
………………………………………………………………………………..……..
² Shareholder” means a person who owns shares in the company and is actively involved in the management
of the company or business and exercises control over the company.
130
3.9 Have you been in the service of the state for the past twelve months? …YES / NO
……………………………………………………………………………………….
3.10 Do you have any relationship (family, friend, other) with persons
in the service of the state and who may be involved with
the evaluation and or adjudication of this bid? ………………………………YES / NO
……………………………………………………………………………………
3.11 Are you, aware of any relationship (family, friend, other) between
any other bidder and any persons in the service of the state who
may be involved with the evaluation and or adjudication of this bid? YES / NO
……………………………….……..............................................................
…………………………………………………………………………………….
…………………………………………………………………………………….
………………………………………………………………..…………………..
131
4. Full details of directors / trustees / members / shareholders.
………………………………….. ……………………………………..
Signature Date
…………………………………. ………………………………………
Capacity Name of Bidder
132
MBD 5
For all procurement expected to exceed R10 million (all applicable taxes included), bidders must
complete the following questionnaire:
1.1 If yes, submit audited annual financial statements for the past
three years or since the date of establishment if established during
the past three years.
………………………………………………………………………
……………………………………………………………………….
………………………………………………………………
……………………………………………………………….
……………………………………………………………….
……………………………………………………………..
133
3.1 If yes, furnish particulars
……………………………………………………………….
……………………………………………………
……………………………………………………..
……………………………………………………..
CERTIFICATION
…………………………………..
……………………………………..
Signature Date
……………………….................
…………………………………….
Position Name of Bidder
134
MBD 6.1
This preference form must form part of all bids invited. It contains general information and
serves as a claim form for preference points for Broad-Based Black Economic Empowerment
(B-BBEE) Status Level of Contribution
NB: BEFORE COMPLETING THIS FORM, BIDDERS MUST STUDY THE GENERAL
CONDITIONS, DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF
B-BBEE, AS PRESCRIBED IN THE PREFERENTIAL PROCUREMENT
REGULATIONS, 2017.
1. GENERAL CONDITIONS
1.1 The following preference point systems are applicable to all bids:
-the 80/20 system for requirements with a Rand value of up to R50 000 000 (all
applicable taxes included); and
- the 90/10 system for requirements with a Rand value above R50 000 000 (all
applicable taxes included).
1.2 The value of this bid is estimated to not exceed R50 000 000 (all applicable taxes
included) and therefore the 80/20 preference point system shall be applicable.
1.3 Preference points for this bid shall be awarded for:
(a) Price; and
(b) B-BBEE Status Level of Contribution.
1.4 The maximum points for this bid are allocated as follows:
POINTS
PRICE 80
B-BBEE STATUS LEVEL OF CONTRIBUTION 20
100
Total points for Price and B-BBEE must not exceed
1.5 Failure on the part of a bidder to submit a B-BBEE Verification Certificate from a
Verification Agency accredited by the South African Accreditation System (SANAS),
or a Registered Auditor approved by the Independent Regulatory Board of Auditors
(IRBA) or a sworn affidavit confirming annual turnover and level of black ownership in
case of an EME and QSE together with the bid, will be interpreted to mean that
preference points for B-BBEE status level of contribution are not claimed.
1.6 The purchaser reserves the right to require of a bidder, either before a bid is
adjudicated or at any time subsequently, to substantiate any claim in regard to
preferences, in any manner required by the purchaser.
2. DEFINITIONS
(a) “all applicable taxes” includes value-added tax, pay as you earn, income tax,
unemployment insurance fund contributions and skills development levies;
(b) “B-BBEE” means broad-based black economic empowerment as defined in
section 1 of the Broad-Based Black Economic Empowerment Act;
(c) “B-BBEE status level of contributor” means the B-BBEE status received by a
135
measured entity based on its overall performance using the relevant scorecard
contained in the Codes of Good Practice on Black Economic Empowerment,
issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment
Act;
(d) “bid” means a written offer in a prescribed or stipulated form in response to an
invitation by an organ of state for the provision of services, works or goods, through
price quotations, advertised competitive bidding processes or proposals;
(e) “Broad-Based Black Economic Empowerment Act” means the Broad-Based
Black Economic Empowerment Act, 2003 (Act No. 53 of 2003) as amended by Act
No 46 of 2013;
(f) “comparative price” means the price after the factors of a non-firm price and all
unconditional discounts that can be utilized have been taken into consideration;
(g) “consortium or joint venture” means an association of persons for the purpose
of combining their expertise, property, capital, efforts, skill and knowledge in an
activity for the execution of a contract;
(h) “contract” means the agreement that results from the acceptance of a bid by an
organ of state;
(i) “EME” means an Exempted Micro Enterprise as defines by Codes of Good
Practice issued in terms of section 9 (1) of the Broad-Based Black Economic
Empowerment Act, 2003 (Act No. 53 of 2003);
(j) “Firm price” means the price that is only subject to adjustments in accordance
with the actual increase or decrease resulting from the change, imposition, or
abolition of customs or excise duty and any other duty, levy, or tax, which, in terms
of the law or regulation, is binding on the contractor and demonstrably has an
influence on the price of any supplies, or the rendering costs of any service, for the
execution of the contract;
(k) “functionality” means the measurement according to predetermined norms, as
set out in the bid documents, of a service or commodity that is designed to be
practical and useful, working or operating, taking into account, among other factors,
the quality, reliability, viability and durability of a service and the technical capacity
and ability of a bidder;
(l) “non-firm prices” means all prices other than “firm” prices;
(m) “person” includes a juristic person;
(n) “QSE” means a Qualifying Small Enterprise as defines by Codes of Good Practice
issued in terms of section 9 (1) of the Broad-Based Black Economic Empowerment
Act, 2003 ( Act No. 53 of 2003);
(o) “rand value” means the total estimated value of a contract in South African
currency, calculated at the time of bid invitations, and includes all applicable taxes
and excise duties;
(p) “sub-contract” means the primary contractor’s assigning, leasing, making out
work to, or employing, another person to support such primary contractor in the
execution of part of a project in terms of the contract;
(q) “total revenue” bears the same meaning assigned to this expression in the Codes
of Good Practice on Black Economic Empowerment, issued in terms of section
9(1) of the Broad-Based Black Economic Empowerment Act and promulgated in
the Government Gazette on 9 February 2007;
(r) “trust” means the arrangement through which the property of one person is made
over or bequeathed to a trustee to administer such property for the benefit of
another person; and
136
(s) “trustee” means any person, including the founder of a trust, to whom property is
bequeathed in order for such property to be administered for the benefit of another
person.
3.1 The bidder obtaining the highest number of total points will be awarded the contract.
3.2 Preference points shall be calculated after prices have been brought to a comparative
basis taking into account all factors of non-firm prices and all unconditional discounts;.
3.3 Points scored must be rounded off to the nearest 2 decimal places.
3.4 In the event that two or more bids have scored equal total points, the successful bid
must be the one scoring the highest number of preference points for B-BBEE.
3.5 However, when functionality is part of the evaluation process and two or more bids
have scored equal points including equal preference points for B-BBEE, the successful
bid must be the one scoring the highest score for functionality.
3.6 Should two or more bids be equal in all respects, the award shall be decided by the
drawing of lots.
Pt P min Pt P min
Ps 801 or Ps 901
P min P min
Where
Ps = Points scored for comparative price of bid under consideration
Pt = Comparative price of bid under consideration
Pmin = Comparative price of lowest acceptable bid
5. POINTS AWARDED FOR B-BBEE STATUS LEVEL OF CONTRIBUTION
5.1 In terms of Regulation 5 (2) and 6 (2) of the Preferential Procurement Regulations,
preference points must be awarded to a bidder for attaining the B-BBEE status level
of contribution in accordance with the table below:
1 10 20
2 9 18
3 6 14
4 5 12
5 4 8
6 3 6
137
7 2 4
8 1 2
Non-compliant contributor 0 0
5.2 A bidder who qualifies as an EME in terms of the B-BBEE Act must submit a sworn
affidavit confirming Annual Total Revenue and Level of Black Ownership.
5.3 A Bidder other than EME or QSE must submit their original and valid B-BBEE status
level verification certificate or a certified copy thereof, substantiating their B-BBEE
rating issued by a Registered Auditor approved by IRBA or a Verification Agency
accredited by SANAS.
5.4 A trust, consortium or joint venture, will qualify for points for their B-BBEE status level
as a legal entity, provided that the entity submits their B-BBEE status level certificate.
5.5 A trust, consortium or joint venture will qualify for points for their B-BBEE status level
as an unincorporated entity, provided that the entity submits their consolidated B-
BBEE scorecard as if they were a group structure and that such a consolidated B-
BBEE scorecard is prepared for every separate bid.
5.6 Tertiary Institutions and Public Entities will be required to submit their B-BBEE status
level certificates in terms of the specialized scorecard contained in the B-BBEE
Codes of Good Practice.
5.7 A person will not be awarded points for B-BBEE status level if it is indicated in the
bid documents that such a bidder intends sub-contracting more than 25% of the
value of the contract to any other enterprise that does not qualify for at least the
points that such a bidder qualifies for, unless the intended sub-contractor is an EME
that has the capability and ability to execute the sub-contract.
5.8 A person awarded a contract may not sub-contract more than 25% of the value of
the contract to any other enterprise that does not have an equal or higher B-BBEE
status level than the person concerned, unless the contract is sub-contracted to an
EME that has the capability and ability to execute the sub-contract.
6. BID DECLARATION
6.1 Bidders who claim points in respect of B-BBEE Status Level of Contribution must
complete the following:
8. SUB-CONTRACTING
8.1 Will any portion of the contract be sub-contracted?
(Tick applicable box)
138
YES NO
………………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
…………………………..
Manufacturer
Supplier
Professional service provider
Other service providers, e.g. transporter, etc.
[TICK APPLICABLE BOX]
9.9 I/we, the undersigned, who is / are duly authorised to do so on behalf of the
company/firm, certify that the points claimed, based on the B-BBE status level of
contribution indicated in paragraph 7 of the foregoing certificate, qualifies the
company/ firm for the preference(s) shown and I / we acknowledge that:
WITNESSES
……………………………………….
1. …………………………………….. SIGNATURE(S) OF BIDDERS(S)
140
MBD 6.2
This Municipal Bidding Document (MBD) must form part of all bids invited. It contains general
information and serves as a declaration form for local content (local production and local
content are used interchangeably).
Before completing this declaration, bidders must study the General Conditions, Definitions,
Directives applicable in respect of Local Content as prescribed in the Preferential Procurement
Regulations, 2017, the South African Bureau of Standards (SABS) approved technical
specification number SATS 1286:2011 (Edition 1) and the Guidance on the Calculation of
Local Content together with the Local Content Declaration Templates [Annex C (Local Content
Declaration: Summary Schedule), D (Imported Content Declaration: Supporting Schedule to
Annex C) and E (Local Content Declaration: Supporting Schedule to Annex C)].
1. General Conditions
1.1. Preferential Procurement Regulations, 2017 (Regulation 8) make provision for the
promotion of local production and content.
1.2. Regulation 8.(2) prescribes that in the case of designated sectors, organs of state must
advertise such tenders with the specific bidding condition that only locally produced or
manufactured goods, with a stipulated minimum threshold for local production and
content will be considered.
1.3. Where necessary, for tenders referred to in paragraph 1.2 above, a two stage bidding
process may be followed, where the first stage involves a minimum threshold for local
production and content and the second stage price and B-BBEE.
1.4. A person awarded a contract in relation to a designated sector, may not sub-contract in
such a manner that the local production and content of the overall value of the contract
is reduced to below the stipulated minimum threshold.
1.5. The local content (LC) expressed as a percentage of the bid price must be calculated in
accordance with the SABS approved technical specification number SATS 1286: 2011
as follows:
LC = [1 - x / y] * 100
Where
x is the imported content in Rand
y is the bid price in Rand excluding value added tax (VAT)
141
accessible on http:/www.thedti.gov.za/industrial development/ip.jsp at no cost.
1.6. A bid may be disqualified if this Declaration Certificate and the Annex C (Local Content
Declaration: Summary Schedule) are not submitted as part of the bid documentation;
2. The stipulated minimum threshold(s) for local production and content (refer to
Annex A of SATS 1286:2011) for this bid is/are as follows:
3.1 If yes, the rate(s) of exchange to be used in this bid to calculate the local content as
prescribed in paragraph 1.5 of the general conditions must be the rate(s) published
by SARB for the specific currency on the date of advertisement of the bid.
Indicate the rate(s) of exchange against the appropriate currency in the table below
(refer to Annex A of SATS 1286:2011):
NB: Bidders must submit proof of the SARB rate (s) of exchange used.
4. Where, after the award of a bid, challenges are experienced in meeting the stipulated
minimum threshold for local content the dti must be informed accordingly in order for the
dti to verify and in consultation with the AO/AA provide directives in this regard.
142
LOCAL CONTENT DECLARATION
(REFER TO ANNEX B OF SATS 1286:2011)
1 The obligation to complete, duly sign and submit this declaration cannot be transferred
to an external authorized representative, auditor or any other third party acting on
behalf of the bidder.
2 Guidance on the Calculation of Local Content together with Local Content Declaration
Templates (Annex C, D and E) is accessible on
http://www.thedti.gov.za/industrial_development/ip.jsp. Bidders should first complete
Declaration D. After completing Declaration D, bidders should complete Declaration
E and then consolidate the information on Declaration C. Declaration C should be
submitted with the bid documentation at the closing date and time of the bid in
order to substantiate the declaration made in paragraph (c) below. Declarations
D and E should be kept by the bidders for verification purposes for a period of at least
5 years. The successful bidder is required to continuously update Declarations C, D
and E with the actual values for the duration of the contract.
(a) The facts contained herein are within my own personal knowledge.
If the bid is for more than one product, the local content percentages for each product
contained in Declaration C shall be used instead of the table above.
The local content percentages for each product has been calculated using the
formula given in clause 3 of SATS 1286:2011, the rates of exchange indicated in
paragraph 3.1 above and the information contained in Declaration D and E.
143
(d) I accept that the Procurement Authority / Institution has the right to request that the
local content be verified in terms of the requirements of SATS 1286:2011.
(e) I understand that the awarding of the bid is dependent on the accuracy of the
information furnished in this application. I also understand that the submission of
incorrect data, or data that are not verifiable as described in SATS 1286:2011, may
result in the Procurement Authority / Institution imposing any or all of the remedies as
provided for in Regulation 14 of the Preferential Procurement Regulations, 2017
promulgated under the Preferential Policy Framework Act (PPPFA), 2000 (Act No. 5
of 2000).
SIGNATURE: ________________________
144
SATS 1286.2011
Annex C
Local Content Declaration - Summary Schedule
Tender
(C4)
Authority:
Tendering
(C5)
Entity name:
Tender
(C6) Exchange Pula EU GBP
Rate:
Specified
(C7) local content
%
Calculation of local content Tender summary
145
Tender
Tender Exem value
Local Total
price - pted net of Total
Tender item Imported Local content exempted
List of items each impo exempte Tender Qty Total tender value Imported
no's value value % (per imported
(excl rted d content
item) content
VAT) value imported
content
(C8) (C9) (C10) (C11) (C12) (C13) (C14) (C15) (C16) (C17) (C18) (C19)
(C20) Total
R 0
tender value
(C21) Total Exempt
Signature of tenderer from Annex B R 0
imported content
(C22) Total Tender
value net of
R 0
exempt imported
content
(C23) Total
Imported R 0
content
(C24) Total
local R 0
content
(C25)
Date:
Average
146
local
content %
of tender
147
SATS 1286.2011
Annex D
Imported Content Declaration - Supporting Schedule to Annex C
149
C. Imported by a 3rd party and supplied
Calculation of imported content Summary
to the Tenderer
Forign
curren All
Overs cy Freight locally Quantit
Local Tender Local Total
Description of imported Unit of eas value costs to incurred Total landed y
supplie Rate of value of imported
content measure Suppli as per port of landing cost excl VAT importe
r Exchange imports value
er Comm entry costs & d
ercial duties
Invoice
(D33) (D34) (D35) (D36) (D37) (D38) (D39) (D40) (D41) (D42) (D43) (D44)
150
Calculation of
D. Other foreign foreign Summary of
currency payments currency payments
payments
Foreig
Local
Overse n Tender
supplier
as curre Rate of Local value
Type of payment making
benefic ncy Exchan of payments
the
iary value ge
payment
paid
(D46) (D47) (D48) (D49) (D50) (D51)
151
SATS 1286.2011
Annex E
Local Content Declaration - Supporting Schedule to Annex C
Designated
(E3)
products:
(E4) Tender Authority:
Tendering Entity
(E5)
name:
Local Products % of
Description of items purchased Local suppliers Value
(Goods, Services LC
and Works) (E6) (E7) (E8)
152
(E9) Total local products (Goods, Services and Works) R0
(E11 Factory
(Rental, depreciation & amortisation, utility costs, consumables etc.) R0
) overheads
Signature of
tenderer from
Annex B
Date:
153
MBD 7.1
2. The following documents shall be deemed to form and be read and construed as part of this agreement:
3. I confirm that I have satisfied myself as to the correctness and validity of my bid; that the price(s) and
rate(s) quoted cover all the goods and/or works specified in the bidding documents; that the price(s) and
rate(s) cover all my obligations and I accept that any mistakes regarding price(s) and rate(s) and
calculations will be at my own risk.
4. I accept full responsibility for the proper execution and fulfilment of all obligations and conditions devolving
on me under this agreement as the principal liable for the due fulfillment of this contract.
5. I declare that I have no participation in any collusive practices with any bidder or any other person
regarding this or any other bid.
3. I undertake to make payment for the goods/works delivered in accordance with the terms and conditions
of the contract, within 30 (thirty) days after receipt of an invoice accompanied by the delivery note.
MINIMUM
THRESHOLD
PRICE (ALL
B-BBEE STATUS FOR LOCAL
ITEM APPLICABLE DELIVERY
BRAND LEVEL OF PRODUCTION
NO. TAXES PERIOD
CONTRIBUTION AND
INCLUDED)
CONTENT (if
applicable)
SIGNED AT ………………………………………ON………………………………..
SIGNATURE …………………………………….
1. ……………………
….
2. ……………………
….
DATE
155
……………………
….
MBD 8
1 This Municipal Bidding Document must form part of all bids invited.
3 The bid of any bidder may be rejected if that bidder, or any of its directors have:
4 In order to give effect to the above, the following questionnaire must be completed and
submitted with the bid.
(Companies or persons who are listed on this Database were informed in writing of
this restriction by the Accounting Officer/Authority of the institution that imposed the
restriction after the audi alteram partem rule was applied).
4.2 Is the bidder or any of its directors listed on the Register for Tender Defaulters in Yes No
terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12
of 2004)?
The Register for Tender Defaulters can be accessed on the National Treasury’s
website (www.treasury.gov.za) by clicking on its link at the bottom of the home
page.
156
4.2.1 If so, furnish particulars:
4.3 Was the bidder or any of its directors convicted by a court of law (including a court of Yes No
law outside the Republic of South Africa) for fraud or corruption during the past five
years?
4.5 Was any contract between the bidder and the municipality / municipal entity or any Yes No
other organ of state terminated during the past five years on account of failure to
perform on or comply with the contract?
CERTIFICATION
………………………………………... …………………………..
Signature Date
157
MBD 9
CERTIFICATE OF INDEPENDENT BID DETERMINATION
1 This Municipal Bidding Document (MBD) must form part of all bids¹ invited.
2 Section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, prohibits an agreement
between, or concerted practice by, firms, or a decision by an association of firms, if it is between
parties in a horizontal relationship and if it involves collusive bidding (or bid rigging).² Collusive
bidding is a pe se prohibition meaning that it cannot be justified under any grounds.
3 Municipal Supply Regulation 38 (1) prescribes that a supply chain management policy must
provide measures for the combating of abuse of the supply chain management system, and
must enable the accounting officer, among others, to:
b. reject the bid of any bidder if that bidder or any of its directors has abused the supply
chain management system of the municipality or municipal entity or has committed any
improper conduct in relation to such system; and
c. cancel a contract awarded to a person if the person committed any corrupt or fraudulent
act during the bidding process or the execution of the contract.
4 This MBD serves as a certificate of declaration that would be used by institutions to ensure that,
when bids are considered, reasonable steps are taken to prevent any form of bid-rigging.
5 In order to give effect to the above, the attached Certificate of Bid Determination (MBD 9) must
be completed and submitted with the bid:
¹ Includes price quotations, advertised competitive bids, limited bids and proposals.
² Bid rigging (or collusive bidding) occurs when businesses, that would otherwise be expected to compete, secretly conspire to raise prices or lower the
quality of goods and / or services for purchasers who wish to acquire goods and / or services through a bidding process. Bid rigging is, therefore, an
agreement between competitors not to compete.
158
MBD 9
do hereby make the following statements that I certify to be true and complete in every respect :
(a) has been requested to submit a bid in response to this bid invitation;
(b) could potentially submit a bid in response to this bid invitation, based on their
qualifications, abilities or experience; and
(c) provides the same goods and services as the bidder and/or is in the same line of business as
the bidder
MBD 9
159
6. The bidder has arrived at the accompanying bid independently from, and without consultation,
communication, agreement or arrangement with any competitor. However communication
between partners in a joint venture or consortium³ will not be construed as collusive bidding.
7. In particular, without limiting the generality of paragraphs 6 above, there has been no
consultation, communication, agreement or arrangement with any competitor regarding:
(a) prices;
(b) geographical area where product or service will be rendered (market allocation)
(c) methods, factors or formulas used to calculate prices;
(d) the intention or decision to submit or not to submit, a bid;
(e) the submission of a bid which does not meet the specifications and conditions of
the bid; or
(f) bidding with the intention not to win the bid.
8. In addition, there have been no consultations, communications, agreements or arrangements
with any competitor regarding the quality, quantity, specifications and conditions or delivery
particulars of the products or services to which this bid invitation relates.
9. The terms of the accompanying bid have not been, and will not be, disclosed by the bidder,
directly or indirectly, to any competitor, prior to the date and time of the official bid opening or of
the awarding of the contract.
³ Joint venture or Consortium means an association of persons for the purpose of combining their expertise, property, capital, efforts, skill and
knowledge in an activity for the execution of a contract.
160
MBD 9
10. I am aware that, in addition and without prejudice to any other remedy provided to combat any
restrictive practices related to bids and contracts, bids that are suspicious will be reported to the
Competition Commission for investigation and possible imposition of administrative penalties in
terms of section 59 of the Competition Act No 89 of 1998 and or may be reported to the National
Prosecuting Authority (NPA) for criminal investigation and or may be restricted from conducting
business with the public sector for a period not exceeding ten (10) years in terms of the
Prevention and Combating of Corrupt Activities Act No 12 of 2004 or any other applicable
legislation.
………………………………………………… …………………………………
Signature Date
…………………………………………………. …………………………………
Position Name of Bidder
161
THE NATIONAL TREASURY
_____________________________________________________________________
GOVERNMENT PROCUREMENT:
July 2010
162
GOVERNMENT PROCUREMENT
NOTES
In this document words in the singular also mean in the plural and
vice versa and words in the masculine also mean in the feminine
and neuter.
163
TABLE OF CLAUSES
1. Definitions
2. Application
3. General
4. Standards
5. Use of contract documents and information; inspection
6. Patent rights
7. Performance security
8. Inspections, tests and analysis
9. Packing
10. Delivery and documents
11. Insurance
12. Transportation
13. Incidental services
14. Spare parts
15. Warranty
16. Payment
17. Prices
18. Contract amendments
19. Assignment
20. Subcontracts
21. Delays in the supplier’s performance
22. Penalties
23. Termination for default
24. Dumping and countervailing duties
25. Force Majeure
26. Termination for insolvency
27. Settlement of disputes
28. Limitation of liability
29. Governing language
30. Applicable law
31. Notices
32. Taxes and duties
33. National Industrial Participation Programme (NIPP)
34. Prohibition of restrictive practices
164
General Conditions of Contract
1.1 “Closing time” means the date and hour specified in the bidding documents
for the receipt of bids.
“Contract” means the written agreement entered into between the purchaser
1.2
and the supplier, as recorded in the contract form signed by the parties,
including all attachments and appendices thereto and all documents
incorporated by reference therein.
“Contract price” means the price payable to the supplier under the contract
1.3
for the full and proper performance of his contractual obligations.
“Country of origin” means the place where the goods were mined, grown or
produced or from which the services are supplied. Goods are produced when,
1.6 through manufacturing, processing or substantial and major assembly of
components, a commercially recognized new product results that is
substantially different in basic characteristics or in purpose or utility from its
components.
1.9 “Delivery ex stock” means immediate delivery directly from stock actually
on hand.
1.10 “Delivery into consignees store or to his site” means delivered and unloaded
in the specified store or depot or on the specified site in compliance with the
conditions of the contract or order, the supplier bearing all risks and charges
involved until the supplies are so delivered and a valid receipt is obtained.
165
1.11 "Dumping" occurs when a private enterprise abroad market its goods on own
initiative in the RSA at lower prices than that of the country of origin and
which have the potential to harm the local industries in the RSA.
1.12 ”Force majeure” means an event beyond the control of the supplier and not
involving the supplier’s fault or negligence and not foreseeable. Such events
may include, but is not restricted to, acts of the purchaser in its sovereign
capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions
and freight embargoes.
1.15 “Goods” means all of the equipment, machinery, and/or other materials that
the supplier is required to supply to the purchaser under the contract.
1.16 “Imported content” means that portion of the bidding price represented by the
cost of components, parts or materials which have been or are still to be
imported (whether by the supplier or his subcontractors) and which costs are
inclusive of the costs abroad, plus freight and other direct importation costs
such as landing costs, dock dues, import duty, sales duty or other similar tax
or duty at the South African place of entry as well as transportation and
handling charges to the factory in the Republic where the supplies covered
by the bid will be manufactured.
1.17 “Local content” means that portion of the bidding price which is not included
in the imported content provided that local manufacture does take place.
1.19 “Order” means an official written order issued for the supply of goods or
works or the rendering of a service.
1.20 “Project site,” where applicable, means the place indicated in bidding
documents.
166
1.23 “SCC” means the Special Conditions of Contract.
1.24 “Services” means those functional services ancillary to the supply of the
goods, such as transportation and any other incidental services, such as
installation, commissioning, provision of technical assistance, training,
catering, gardening, security, maintenance and other such obligations of the
supplier covered under the contract.
1.25 “Written” or “in writing” means handwritten in ink or any form of electronic
or mechanical writing.
1. Application 2.1 These general conditions are applicable to all bids, contracts and orders
including bids for functional and professional services, sales, hiring, letting
and the granting or acquiring of rights, but excluding
2.2 Where applicable, special conditions of contract are also laid down to cover
specific supplies, services or works.
2.3 Where such special conditions of contract are in conflict with these general
conditions, the special conditions shall apply.
3. General 3.1 Unless otherwise indicated in the bidding documents, the purchaser shall not
be liable for any expense incurred in the preparation and submission of a bid.
Where applicable a non-refundable fee for documents may be charged.
3.2 With certain exceptions, invitations to bid are only published in the
Government Tender Bulletin. The Government Tender Bulletin may be
obtained directly from the Government Printer, Private Bag X85, Pretoria
0001, or accessed electronically from www.treasury.gov.za
4. Standards 4.1 The goods supplied shall conform to the standards mentioned in the bidding
documents and specifications.
5. Use of 5.1 The supplier shall not, without the purchaser’s prior written consent, disclose
contract the contract, or any provision thereof, or any specification, plan, drawing,
documents pattern, sample, or information furnished by or on behalf of the purchaser in
and connection therewith, to any person other than a person employed by the
information supplier in the performance of the contract. Disclosure to any such
inspection. employed person shall be made in confidence and shall extend only so far as
may be necessary for purposes of such performance.
167
5.2 The supplier shall not, without the purchaser’s prior written consent, make
use of any document or information mentioned in GCC clause 5.1 except for
purposes of performing the contract.
5.3 Any document, other than the contract itself mentioned in GCC clause 5.1
shall remain the property of the purchaser and shall be returned (all copies)
to the purchaser on completion of the supplier’s performance under the
contract if so required by the purchaser.
5.4 The supplier shall permit the purchaser to inspect the supplier’s records
relating to the performance of the supplier and to have them audited by
auditors appointed by the purchaser, if so required by the purchaser.
6. Patent rights 6.1 The supplier shall indemnify the purchaser against all third-party claims of
infringement of patent, trademark, or industrial design rights arising from use
of the goods or any part thereof by the purchaser.
7. Performance 7.1 Within thirty (30) days of receipt of the notification of contract award, the
security successful bidder shall furnish to the purchaser the performance security of
the amount specified in SCC.
7.2 The proceeds of the performance security shall be payable to the purchaser
as compensation for any loss resulting from the supplier’s failure to complete
his obligations under the contract.
7.4 The performance security will be discharged by the purchaser and returned
to the supplier not later than thirty (30) days following the date of completion
of the supplier’s performance obligations under the contract, including any
warranty obligations, unless otherwise specified in SCC.
8. Inspections, 8.1 All pre-bidding testing will be for the account of the bidder.
tests and analyses
8.2 If it is a bid condition that supplies to be produced or services to be
rendered should at any stage during production or execution or on
completion be subject to inspection, the premises of the bidder or contractor
shall be open, at all reasonable hours, for inspection by a representative of
168
the Department or an organization acting on behalf of the Department.
8.4 If the inspections, tests and analyses referred to in clauses 8.2 and 8.3 show
the supplies to be in accordance with the contract requirements, the cost of
the inspections, tests and analyses shall be defrayed by the purchaser.
8.5 Where the supplies or services referred to in clauses 8.2 and 8.3 do not
comply with the contract requirements, irrespective of whether such supplies
or services are accepted or not, the cost in connection with these inspections,
tests or analyses shall be defrayed by the supplier.
8.6 Supplies and services which are referred to in clauses 8.2 and 8.3 and which
do not comply with the contract requirements may be rejected.
8.8 The provisions of clauses 8.4 to 8.7 shall not prejudice the right of the
purchaser to cancel the contract on account of a breach of the conditions
thereof, or to act in terms of Clause 23 of GCC.
9. Packing 9.1 The supplier shall provide such packing of the goods as is required to
prevent their damage or deterioration during transit to their final destination,
as indicated in the contract. The packing shall be sufficient to withstand,
without limitation, rough handling during transit and exposure to extreme
temperatures, salt and precipitation during transit, and open storage. Packing,
case size and weights shall take into consideration, where appropriate, the
remoteness of the goods’ final destination and the absence of heavy handling
facilities at all points in transit.
9.2 The packing, marking, and documentation within and outside the packages
shall comply strictly with such special requirements as shall be expressly
provided for in the contract, including additional requirements, if any,
169
specified in SCC, and in any subsequent instructions ordered by the
purchaser.
10. Delivery 10.1 Delivery of the goods shall be made by the supplier in accordance with
and documents the terms specified in the contract. The details of shipping and/or other
documents to be furnished by the supplier are specified in SCC.
11. Insurance 11.1 The goods supplied under the contract shall be fully insured in a freely
convertible currency against loss or damage incidental to manufacture or
acquisition, transportation, storage and delivery in the manner specified in the
SCC.
12. Transportation 12.1 Should a price other than an all-inclusive delivered price be required, this
shall be specified in the SCC.
13. Incidental 13.1 The supplier may be required to provide any or all of the following services,
services including additional services, if any, specified in SCC:
13.2 Prices charged by the supplier for incidental services, if not included in the
contract price for the goods, shall be agreed upon in advance by the parties
and shall not exceed the prevailing rates charged to other parties by the
supplier for similar services.
14. Spare parts 14.1 As specified in SCC, the supplier may be required to provide any or all of
the following materials, notifications, and information pertaining to spare
parts manufactured or distributed by the supplier:
(a) such spare parts as the purchaser may elect to purchase from the
supplier, provided that this election shall not relieve the supplier of any
warranty obligations under the contract; and
170
(b) in the event of termination of production of the spare parts:
(i) Advance notification to the purchaser of the pending termination, in
sufficient time to permit the purchaser to procure needed
requirements; and
(ii) following such termination, furnishing at no cost to the purchaser, the
blueprints, drawings, and specifications of the spare parts, if
requested.
15. Warranty 15.1 The supplier warrants that the goods supplied under the contract are new,
unused, of the most recent or current models, and that they incorporate all
recent improvements in design and materials unless provided otherwise in
the contract. The supplier further warrants that all goods supplied under this
contract shall have no defect, arising from design, materials, or workmanship
(except when the design and/or material is required by the purchaser’s
specifications) or from any act or omission of the supplier, that may develop
under normal use of the supplied goods in the conditions prevailing in the
country of final destination.
15.2 This warranty shall remain valid for twelve (12) months after the goods, or
any portion thereof as the case may be, have been delivered to and accepted
at the final destination indicated in the contract, or for eighteen (18) months
after the date of shipment from the port or place of loading in the source
country, whichever period concludes earlier, unless specified otherwise in
SCC.
15.3 The purchaser shall promptly notify the supplier in writing of any claims
arising under this warranty.
15.4 Upon receipt of such notice, the supplier shall, within the period specified in
SCC and with all reasonable speed, repair or replace the defective goods or
parts thereof, without costs to the purchaser.
15.5 If the supplier, having been notified, fails to remedy the defect(s) within the
period specified in SCC, the purchaser may proceed to take
such remedial action as may be necessary, at the supplier’s risk and expense
and without prejudice to any other rights which the purchaser may have
against the supplier under the contract.
16. Payment 16.1 The method and conditions of payment to be made to the supplier under this
contract shall be specified in SCC.
16.2 The supplier shall furnish the purchaser with an invoice accompanied by a
copy of the delivery note and upon fulfillment of other obligations stipulated
in the contract.
16.3 Payments shall be made promptly by the purchaser, but in no case later than
thirty (30) days after submission of an invoice or claim by the supplier.
171
16.4 Payment will be made in Rand unless otherwise stipulated in SCC.
17. Prices 17.1 Prices charged by the supplier for goods delivered and services performed
under the contract shall not vary from the prices quoted by the supplier in his
bid, with the exception of any price adjustments authorized in SCC or in the
purchaser’s request for bid validity extension, as the case may be.
18. Contract 18.1 No variation in or modification of the terms of the contract shall be made
amendments except by written amendment signed by the parties concerned.
19. Assignment 19.1 The supplier shall not assign, in whole or in part, its obligations to perform
under the contract, except with the purchaser’s prior written consent.
20. Subcontracts 20.1 The supplier shall notify the purchaser in writing of all subcontracts awarded
under this contracts if not already specified in the bid. Such notification, in
the original bid or later, shall not relieve the supplier from any liability or
obligation under the contract.
21. Delays in the 21.1 Delivery of the goods and performance of services shall be made by the
supplier’s supplier in accordance with the time schedule prescribed by the purchaser in
performance the contract.
21.2 If at any time during performance of the contract, the supplier or its
subcontractor(s) should encounter conditions impeding timely delivery of the
goods and performance of services, the supplier shall promptly notify the
purchaser in writing of the fact of the delay, its likely duration and its
cause(s). As soon as practicable after receipt of the supplier’s notice, the
purchaser shall evaluate the situation and may at his discretion extend the
supplier’s time for performance, with or without the imposition of penalties,
in which case the extension shall be ratified by the parties by amendment of
contract.
21.4 The right is reserved to procure outside of the contract small quantities or to
have minor essential services executed if an emergency arises, the supplier’s
point of supply is not situated at or near the place where the supplies are
required, or the supplier’s services are not readily available.
21.5 Except as provided under GCC Clause 25, a delay by the supplier in the
performance of its delivery obligations shall render the supplier liable to the
imposition of penalties, pursuant to GCC Clause 22, unless an extension of
172
time is agreed upon pursuant to GCC Clause 21.2 without the application of
penalties.
21.6 Upon any delay beyond the delivery period in the case of a supplies contract,
the purchaser shall, without canceling the contract, be entitled to purchase
supplies of a similar quality and up to the same quantity in substitution of the
goods not supplied in conformity with the contract and to return any goods
delivered later at the supplier’s expense and risk, or to cancel the contract and
buy such goods as may be required to complete the contract and without
prejudice to his other rights, be entitled to claim damages from the supplier.
22. Penalties 22.1 Subject to GCC Clause 25, if the supplier fails to deliver any or all of the
goods or to perform the services within the period(s) specified in the
contract, the purchaser shall, without prejudice to its other remedies under
the contract, deduct from the contract price, as a penalty, a sum calculated
on the delivered price of the delayed goods or unperformed services using
the current prime interest rate calculated for each day of the delay until actual
delivery or performance. The purchaser may also consider termination of the
contract pursuant to GCC Clause 23.
23. Termination 23.1 The purchaser, without prejudice to any other remedy for breach of
for default contract, by written notice of default sent to the supplier, may terminate this
contract in whole or in part:
(a) if the supplier fails to deliver any or all of the goods within the period(s)
specified in the contract, or within any extension thereof granted by the
purchaser pursuant to GCC Clause 21.2;
(b) if the Supplier fails to perform any other obligation(s) under the contract;
or
(c) if the supplier, in the judgment of the purchaser, has engaged in corrupt
or fraudulent practices in competing for or in executing the contract.
23.2 In the event the purchaser terminates the contract in whole or in part, the
purchaser may procure, upon such terms and in such manner as it deems
appropriate, goods, works or services similar to those undelivered, and the
supplier shall be liable to the purchaser for any excess costs for such similar
goods, works or services. However, the supplier shall continue performance
of the contract to the extent not terminated.
23.3 Where the purchaser terminates the contract in whole or in part, the purchaser
may decide to impose a restriction penalty on the supplier by prohibiting such
supplier from doing business with the public sector for a period not exceeding
10 years.
173
more than fourteen (14) days to provide reasons why the envisaged restriction
should not be imposed. Should the supplier fail to respond within the
stipulated fourteen (14) days the purchaser may regard the intended penalty
as not objected against and may impose it on the supplier.
23.5 Any restriction imposed on any person by the Accounting Officer / Authority
will, at the discretion of the Accounting Officer / Authority, also be applicable
to any other enterprise or any partner, manager, director or other person who
wholly or partly exercises or exercised or may exercise control over the
enterprise of the first-mentioned person, and with which enterprise or person
the first-mentioned person, is or was in the opinion of the Accounting Officer
/ Authority actively associated.
23.6 If a restriction is imposed, the purchaser must, within five (5) working days
of such imposition, furnish the National Treasury, with the following
information:
(i) the name and address of the supplier and / or person restricted by the
purchaser;
(ii) the date of commencement of the restriction
(iii) `the period of restriction; and
(iv) the reasons for the restriction.
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24. Anti-dumping and 24.1 When, after the date of bid, provisional payments are required, or
countervailing duties
antidumping or countervailing duties are imposed, or the amount of a
and rights
provisional payment or anti-dumping or countervailing right is increased
in respect of any dumped or subsidized import, the State is not liable for
any amount so required or imposed, or for the amount of any such increase.
When, after the said date, such a provisional payment is no longer required
or any such anti-dumping or countervailing right is abolished, or where the
amount of such provisional payment or any such right is reduced, any such
favourable difference shall on demand be paid forthwith by the contractor
to the State or the State may deduct such amounts from moneys (if any)
which may otherwise be due to the contractor in regard to supplies or
services which he delivered or rendered, or is to deliver or render in terms
of the contract or any other contract or any other amount which may be
due to him
25. Force 25.1 Notwithstanding the provisions of GCC Clauses 22 and 23, the
Majeure supplier shall not be liable for forfeiture of its performance security, damages,
or termination for default if and to the extent that his delay in performance or
other failure to perform his obligations under the contract is the result of an
event of force majeure.
25.2 If a force majeure situation arises, the supplier shall promptly notify the
purchaser in writing of such condition and the cause thereof. Unless
otherwise directed by the purchaser in writing, the supplier shall continue to
perform its obligations under the contract as far as is reasonably practical, and
shall seek all reasonable alternative means for performance not prevented by
the force majeure event.
26. Termination 26.1 The purchaser may at any time terminate the contract by giving written
for insolvency notice to the supplier if the supplier becomes bankrupt or otherwise
insolvent. In this event, termination will be without compensation to the
supplier, provided that such termination will not prejudice or affect any right
of action or remedy which has accrued or will accrue thereafter to the
purchaser.
27. Settlement of 27.1 If any dispute or difference of any kind whatsoever arises between the
Disputes purchaser and the supplier in connection with or arising out of the contract,
the parties shall make every effort to resolve amicably such dispute or
difference by mutual consultation.
27.2 If, after thirty (30) days, the parties have failed to resolve their dispute or
difference by such mutual consultation, then either the purchaser or the
supplier may give notice to the other party of his intention to commence with
mediation. No mediation in respect of this matter may be commenced unless
such notice is given to the other party.
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27.3 Should it not be possible to settle a dispute by means of mediation, it may be
settled in a South African court of law.
(a) the parties shall continue to perform their respective obligations under the
contract unless they otherwise agree; and
(b) the purchaser shall pay the supplier any monies due the supplier.
28. Limitation of 28.1 Except in cases of criminal negligence or willful misconduct, and in
liability the case of infringement pursuant to Clause 6;
(a) the supplier shall not be liable to the purchaser, whether in contract,
tort, or otherwise, for any indirect or consequential loss or damage,
loss of use, loss of production, or loss of profits or interest costs,
provided that this exclusion shall not apply to any obligation of the
supplier to pay penalties and/or damages to the purchaser; and
(b) the aggregate liability of the supplier to the purchaser, whether under the
contract, in tort or otherwise, shall not exceed the total contract price, provided
that this limitation shall not apply to the cost of repairing or replacing defective
equipment.
29. Governing 29.1 The contract shall be written in English. All correspondence and other
language documents pertaining to the contract that is exchanged by the parties shall
also be written in English.
30. Applicable 30.1 The contract shall be interpreted in accordance with South African laws,
law unless otherwise specified in SCC.
31. Notices 31.1 Every written acceptance of a bid shall be posted to the supplier concerned
by registered or certified mail and any other notice to him shall be posted by
ordinary mail to the address furnished in his bid or to the address notified later
by him in writing and such posting shall be deemed to be proper service of
such notice
31.2 The time mentioned in the contract documents for performing any act after
such aforesaid notice has been given, shall be reckoned from the date of
posting of such notice.
32. Taxes and 32.1 A foreign supplier shall be entirely responsible for all taxes, stamp
duties duties, license fees, and other such levies imposed outside the purchaser’s
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country.
32.2 A local supplier shall be entirely responsible for all taxes, duties, license fees,
etc., incurred until delivery of the contracted goods to the purchaser.
32.3 No contract shall be concluded with any bidder whose tax matters are not in
order. Prior to the award of a bid the Department must be in possession of a
tax clearance certificate, submitted by the bidder. This certificate must be an
original issued by the South African Revenue Services.
33. National 33.1 The NIP Programme administered by the Department of Trade and Industry
Industrial shall be applicable to all contracts that are subject to the NIP obligation
Participation (NIP)
Programme
34. Prohibition of 34.1 In terms of section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998,
Restrictive practices as amended, an agreement between, or concerted practice by, firms, or a
decision by an association of firms, is prohibited if it is between parties in a
horizontal relationship and if a bidder (s) is / are or a contractor(s) was / were
involved in collusive bidding (or bid rigging).
34.2 If a bidder(s) or contractor(s), based on reasonable grounds or evidence
obtained by the purchaser, has / have engaged in the restrictive practice
referred to above, the purchaser may refer the matter to the Competition
Commission for investigation and possible imposition of administrative
penalties as contemplated in the Competition Act No. 89 of 1998.
34.3 If a bidder(s) or contractor(s), has / have been found guilty by the Competition
Commission of the restrictive practice referred to above, the purchaser may,
in addition and without prejudice to any other remedy provided for, invalidate
the bid(s) for such item(s) offered, and / or terminate the contract in whole or
part, and / or restrict the bidder(s) or contractor(s) from conducting business
with the public sector for a period not exceeding ten (10) years and / or claim
damages from the bidder(s) or contractor(s) concerned.
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SERVICE LEVEL AGREEMENT
____________________________________________
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SERVICE LEVEL AGREEMENT
AND
____________________________________________
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CONTENT
1 DEFINITIONS .....................................................................................................7
2 INTERPRETATION .............................................................................................8
3 APPOINTMENT ................................................................................................ 10
5 RELATIONSHIP ................................................................................................ 10
6 DURATION ....................................................................................................... 10
13 PENALTY ......................................................................................................... 15
14 ACCESS ........................................................................................................... 15
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17 DEFECTIVE GOODS / LATENT PRODUCTS .................................................. 17
19 INSPECTION .................................................................................................... 18
21 TRAINING ......................................................................................................... 20
25 SUB-CONTRACTING ....................................................................................... 25
26 CONFIDENTIALITY .......................................................................................... 26
29 CESSION .......................................................................................................... 29
31 BREACH ........................................................................................................... 30
33 DISPUTES ........................................................................................................ 30
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35 NOTICES AND COMMUNICATIONS ............................................................... 33
37 EXECUTION ..................................................................................................... 36
ANNEXURE “A” BOARD RESOLUTION ................................................................
38
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RECORDAL:
WHEREAS the City requires various services to be provided, or carried out and delivered
at the service areas;
AND WHEREAS the service provider has indicated that it has the necessary expertise,
skills and capabilities to provide the service;
NOW THEREFORE the Parties have agreed to enter into this Agreement, in terms of
which the service provider shall provide the Services in the Service Areas and/or Delivery
Area and provide maintenance and support thereof, to the City in accordance with the
terms and subject to the conditions of this Agreement:
1 DEFINITIONS
Unless otherwise expressly stated, or the context otherwise requires, the words and
expressions listed below shall, when used in this Agreement, including this
introduction, bear the meanings ascribed to them:
1.1 “Agreement” means this service level agreement and shall include any annexures
and/or schedules and/or attachments and/or appendices and/or any addenda
hereto or incorporated herein by reference, as amended from time to time;
1.2 “Business Day” means any day from Monday to Friday excluding Public
Holidays as defined in the Public Holidays Act 36 of 1994 (“Public Holidays
Act”) as amended from time to time;
1.3 “Business Week” means five consecutive Business Days, excluding Public
Holidays as defined in the Public Holidays Act;
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1.4 “City” means the City of Tshwane Metropolitan Municipality, a metropolitan
municipality established in terms of section 12 of the Local Government: Municipal
Structures Act 117 of 1998;
1.5 “Contact Persons” means persons identified by the Parties as persons who are
responsible for the execution of the Agreement and whose names are set out in
clause 35 below and who can be substituted in writing from time to time;
1.6 “Contract Price” shall mean the amount reflected as the contract price in clause 9
below;
1.7 “Contract Period” means the contract period as reflected in clause 0 below;
1.11 “Parties” means City and Service Provider and “Party” means either of them as
the context requires;
1.12 “Services” means services to be provided by the Service Provider to the City as
detailed in clause 8 below;
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1.14 “Signature Date” means the date of signature of this Agreement by the Party
signing last;
1.16 “Subcontractor” means the third party with whom the Service Provider enters into
a Subcontract;
1.17 “Tax Invoice” means the document as required by section 20 of the Value Added
Tax Act 89 of 1991, as amended from time to time; and
1.18 “VAT” means Value Added Tax as defined in terms of the Value Added Tax Act of
1991.
2 INTERPRETATION
2.1 Headings and sub-headings are inserted for information purposes only and shall
not be used in the interpretation of this Agreement.
2.2 Unless the context clearly indicates a contrary intention, any word connoting:
2.2.1 any singular shall be deemed to include a reference to the plural and vice
versa;
2.2.2 any one gender shall be deemed to include a reference to the other two
genders; and
2.3 The expiry or termination of this Agreement shall not affect provisions of this
Agreement which expressly provide that they will operate after any such expiry or
termination of this Agreement. Provisions of necessity shall continue to have been
effective after such expiry or termination of this Agreement, notwithstanding that
the clauses themselves do not expressly provide for this.
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2.4 The rule of interpretation that a written agreement shall be interpreted against the
party responsible for the drafting or preparation of that Agreement shall not apply.
2.5 Where figures are referred to in numerals and in words and there is any conflict
between the two, the words shall prevail.
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3 APPOINTMENT
The City hereby appoints the Service Provider, who accepts such appointment, to provide
the Services in accordance with the terms and subject to the conditions of this Agreement.
4.1.1 formalise and regulate the working relationship between the Parties;
4.1.2 set out the roles and responsibilities of the Parties; and
5 RELATIONSHIP
6 DURATION
This Agreement shall commence on the Effective Date and shall subsist for
______________________ years, unless terminated earlier pursuant to clause 32
below.
7 CONTACT PERSON
7.1 The work to be performed by the Service Provider hereunder will be supervised by
City’s Contact Person referred to in clause 35 below.
7.2 The Parties shall notify each other, in writing from time to time, of the details of
their nominated Contact Person.
7.3 The Contact Persons shall liaise and update each other on the progress of the
Services rendered and shall endeavour to resolve and remedy any problems or
disputes that may arise in relation to the Services.
7.4 Either Party may substitute a Contact Person at its discretion provided that each
Party shall give the other Party reasonable notice of such substitution and will
provide replacement employees of equivalent ability.
7.5 Without derogating from the aforegoing, should either Party replace a Contact
Person for any reason whatsoever, it shall ensure, to the greatest extent possible
in the circumstances, that the suitable period of handover and overlap takes place,
at its cost, between the new and the encumbered Contact Person.
The Service Provider shall, for the duration of this Agreement, provide the Services set
out in the scope of work and in accordance with the deliverables and milestones attached
hereto as Annexure B, including but not limited to the Maintenance and Support services
as provided for in clause 20 below.
9.1 The City shall pay to the Service Provider the Contract Price in the sum of
R__________________________________________________
(________________________________________________________
_________________________________________________rands)
payable in accordance with the terms of the Appointment Letter, attached hereto
as Annexure C, and subject to deliverables.
9.2 All payments under this Agreement shall be made by electronic fund transfer or
other forms of payment as the Parties may agree from time to time, upon receipt
of valid and undisputed Tax Invoices and month-end statements together with the
supporting documentation from the Service Provider, once the undisputed Tax
Invoices or such portion of the Tax Invoices which are undisputed become due and
payable.
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9.3 All amounts and other sums payable in terms of this Agreement and Schedules
hereto will be stipulated exclusive of VAT, unless expressly stated otherwise.
9.4 Unless otherwise provided in the Schedules, valid Tax Invoices shall be submitted
together with a month-end statement. Payment against such month-end statement
shall be made by The City within 30 (thirty) days after the date of receipt by The
City of the Service Provider’s statement together with the relevant valid and
undisputed Tax Invoice(s) and supporting documentation, but in any event not later
than 90 (ninety) days of receipt of such statement.
9.5 Where the payment of any valid and undisputed Tax Invoice, or any part of the said
Tax Invoice which is not in dispute, is not made by the due date, the Service
Provider shall be entitled to charge interest on the outstanding amount, at the
Service Provider’s prime rate of interest in force, for the period from the due date
of payment until the outstanding amount is fully paid.
9.6 There shall be no interest levied on a Tax Invoice that is in dispute between the
Parties.
9.7 The City shall pay the amount reflected on a Tax Invoice once the City’s Contact
Person has verified that the Services set out in a schedule have been rendered
and the Tax Invoice amount has been approved by the
City.
9.8 All Tax Invoices shall be addressed to the City’ Contact Person.
9.9 All payments shall be transferred, by the City to the Service Provider electronically
into the Service Provider’s bank account, the details of which are set out below:
Bank: _______________________
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9.10 Failure to comply with the clauses above may result in late payment of the total
amount of an invoice by the Service Provider to the City. The City shall not be liable
for any costs or damages suffered by the Service Provider as a result of such late
payment.
10 PRICE RESTRUCTURING
10.1 The Service Provider shall be subject to a price review every year.
10.2 The City shall embark on a benchmarking exercise every 12 (twelve) months where
the City shall benchmark the Service Provider’s Contract Price against the
prevailing market rates.
10.3 In the event it emerges that the Service Provider’s charges in respect of the
Contract Price and other charges under this Agreement are materially higher than
the reasonable benchmark ascertained by the City or that the City can acquire
similar Services of a like quality from another supplier at a total delivered cost that
is lower than the total delivered cost of the Services acquired hereunder from the
Service Provider, the City shall have the right to notify the Service Provider of such
total delivered cost and the Service Provider shall have an opportunity to adjust the
Contract Price and any other charges hereunder, on such a basis as to result in
the same total delivered cost to the City, within 30 (thirty) calendar days of such
notice.
10.4 If the Service Provider fails to do so or cannot legally do so, The City may:
10.4.1 acquire the Services from such other supplier in which case the
obligations, including, but not limited to, any purchase and sale
requirements and/or commitments, if any, of the City and the Service
Provider hereunder shall be reduced accordingly;
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10.4.2 terminate this Agreement without any penalty, liability or further
obligation; or
10.5 Within 30 (thirty) calendar days of a notice by the City or at any time the
City so requests, the Service Provider shall certify in writing to the City that it is in
compliance with this clause and shall provide all information that the City
reasonably requests in order to verify such compliance.
11 SERVICE LEVELS
11.1 The Service Provider recognises that the City has entered into this Agreement
relying specifically on the Service Provider’s representations regarding service
levels including, inter alia:
11.1.2 all work to be performed and Services rendered under this Agreement
shall comply with industry norms and best practice acceptable within the
Services industry and shall be executed by the Service Provider to the
total satisfaction of the City.
11.2 The Service Provider shall provide suitably qualified and trained employees to
provide the Services to the City in terms of this Agreement, and shall allocate, in
its discretion employee resources in accordance with the technical skill and
knowledge required, provided that any exercise of such discretion by the Service
Provider shall not negatively impact on the provision of the Services by the Service
Provider to the City, and shall allocate employees with the technical skill and
knowledge onsite at the City at all times during normal working hours, if the City so
requires.
11.3 Amongst others, the Service Provider shall comply with and provide the Services
as set out in clause 8 above.
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12 WITHHOLDING OF PERFORMANCE
The Service Provider may not under any circumstances, including, without limitation, non-
payment by the City, withhold any Services from The City during the currency of this
Agreement, unless it validly terminates this Agreement in terms of clause 32 below.
13 PENALTY
13.1 Should the Service Provider fail to comply with its obligations in terms of this
Agreement, the City may:
13.2 An election of any of the above by the City shall not mean that the City has waived
any other rights which the City might have in law.
13.3 Should the City elect to impose a penalty on the Service Provider, the City shall
provide the Service Provider with a written notice requiring the Service Provider to
remedy the default within 7 (seven) days from the date of delivery of the notice.
13.4 Should the Service Provider fail to remedy the default within 7 (seven) days after
receiving the notice, then the City shall be entitled, without prejudice to any
alternative or additional right of action or remedy available to the City and without
further notice, impose a penalty, which penalty shall be a deduction of 10% of the
monthly Contract Price for the Contract Period; and for the avoidance of doubt, the
penalty amount shall be 10% of the monies due for payment to the Service
Provider monthly in terms of clause 9 above.
13.5 Should there be a dispute as to whether the failure to deliver was caused by the
City or was the Service Provider’s fault such dispute shall be dealt with in
accordance to clause 33 below.
14 ACCESS
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14.1 The City shall allow the Service Provider reasonable access to its premises,
provided that:
14.1.2 the Service Provider adheres to all rules, regulations and instructions
applicable at the City’s premises.
14.2 The Service Provider is required to notify the City monthly of employees who are
to provide Services at the Service Areas and/or Delivery Areas.
14.3 The City shall grant the Service Provider and/or its employees, referred in clause
14.2 above, access to its premises to perform its obligations in terms of this
Agreement.
14.4 The Service Provider and its employees shall at all time when entering the
premises and/or Service Areas and/or Delivery Areas of the City comply with all
rules, laws, regulations and policies of the City.
15 ORDERS OF GOODS
15.1 The Service Provider’s Contact Person shall advise the City, in writing, of the
Goods required to enable the Service Provider to render the Services. In the order
form, the Service Provider shall set out the quantity, description of Goods and the
anticipated date of delivery of the Goods (“Delivery Date”).
15.2 The City shall confirm the order in writing and authorise the Service Provider to
order Goods necessary for the provision of the Service.
15.3 All orders for Goods ordered under this clause 15 shall be for the separate account
of the City, the cost of which shall be invoiced to the City by the Service Provider
upon confirmation of the order in terms of clause 15.2 above. The City shall not be
obliged to order the Goods from the Service Provider and shall be entitled to utilise
any company that it deems most suitable for the provision of the Goods.
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16 DELIVERY OF GOODS
16.1 The Service Provider shall deliver the Goods on the Delivery Date.
16.2 Should the Service Provider be unable to deliver the Goods on the Delivery Date,
the Service Provider shall inform the City of its inability to deliver the Goods, the
reason thereof, and shall provide the City with a reasonable alternative Delivery
Date which in any event shall not be more than 14 (fourteen) days from the original
Delivery Date.
16.3 In the event that the Service Provider is unable to deliver the Goods on the Delivery
Date 3 (three) times in a period of 6 (six) months, then the City shall be entitled to
terminate this Agreement by giving the Service Provider one (1) month’s written
notice to terminate.
16.4 Upon delivery of the Goods by the Service Provider, the City’s contact person shall
sign the delivery document provided by the Service Provider as acknowledgement
of receipt of the Goods. Such acknowledgement of receipt shall not constitute an
acceptance:
16.4.3 that the Goods were fit for the purpose for which they were purchased;
and/or
16.5 In the event that the City notifies the Service Provider, within five (5) Business
Days, that the Goods delivered are not in accordance with the order, the City shall
be entitled to return the Goods to the Service Provider at the Service Provider’s
cost and the Service Provider shall deliver the replacement Goods ordered within
five (5) Business Days of taking delivery of the defective Goods.
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17.1 The Service Provider shall verify whether the Goods received are in order and
without any defects.
17.2 In the event that the City realises that the Goods have any defect, including but not
limited to manufacture and/or latent defects, the City shall inform the Service
Provider in writing within 5 (five) days of becoming aware of the defect (“Notice of
Defect”).
17.3 Upon receipt of the Notice of Defect, the Service Provider shall immediately deliver
replacement Goods to the City within 14 (fourteen) Business Days of receiving the
Notice of Defect referred to in clause 17.2 above and replace the defective Goods.
17.4 The cost of returning and replacing the defective Goods shall be borne by the
Service Provider.
17.5 The Service Provider shall be responsible for the replacement amount of any parts
of the Goods that are to be replaced in terms of this Agreement.
The City is entitled to cancel an order, reschedule delivery of the Goods or change the
Delivery Area and Delivery Date on fourteen (14) days written notice to the Service
Provider.
19 INSPECTION
19.1 The City may at any time inspect the Goods and/or Services levels of the Service
Provider in terms of this Agreement.
19.2 If the City is, at any time, dissatisfied with the service levels then the Service
Provider shall, within 7 (seven) days, notify the Service Provider in writing of the
failure or default.
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19.3 The Service Provider shall immediately upon receipt of written demand by the City,
remedy such failure or default, within 7 (seven) Business Days from the date of
receipt of the notice, free of charge.
19.4 Should the Service Provider fail to remedy the failure or default referred to above
then the City shall have the right to impose penalties as provided for in clause 12
above or invoke the provisions of clauses and/or clause 31 below.
19.4.1 To enable the City to determine whether the Goods and/or Services
rendered in terms of this Agreement are being complied with the Service
Provider shall:
19.5.1 Where any information is required for inspection in terms of this clause
and the information is kept in a computer, the Service Provider shall give
the City reasonable assistance required to facilitate inspection and obtain
copies of the information in a visible and legible form or to inspect and
check the operation of any computer and any associated apparatus or
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material that is or has been in use in connection with the keeping of the
information.
19.5.2 Any information required to be provided to the City pursuant to this clause
19 shall be provided by the Service Provider, as the case may be in such
form (including a form otherwise than in writing) as the City may
reasonably specify.
19.5.3 The cost of any inspection contemplated in terms of this clause 19 shall
be for the account of the City unless any material irregularity or failure on
the part of the Service Provider is determined by the City in the course of
such inspection. 19.6 The inspection contemplated in this Agreement will
be conducted:
19.6.2 save where the circumstances justify it, on reasonable notice to the
Service Provider; with the minimum interference in the provision of the
Services and the Service Provider’s other operations.
The essential and critical elements of the Maintenance and Support to be provided by the
Service Provider to the City shall be detailed in the scope of work attached hereto as
Annexure B.
21 TRAINING
If required, the Service Provider shall after delivery and installation of the Goods, and as
part of Maintenance and Support, ensure that the City’s nominated employees, from time
to time, receive the required and necessary training relating to the nature, purpose and
appropriate use of the Goods.
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22 SERVICE PROVIDER’S WARRANTIES AND INDEMNITIES
22.1.1 The Service Provider warrants that in relation to each Service provided
in terms of this Agreement:
22.1.1.1 it has full capacity and authority to enter into and perform
this Agreement, and that this Agreement is executed by
duly authorised representatives of the Service Provider;
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standards of operations while performing Services and/or
delivering Goods and/or similar to the Services and/or
Goods;
22.1.1.8 which Services and/or Goods will in all aspects comply with
industry norms and best practice to the satisfaction of the
City with regard to materials and workmanship; ;
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Goods, and that the Service Provider shall be responsible
for the costs of repair of the Goods should the Goods
require to be repaired to their normal use.
22.2 Indemnity
22.2.1 The Service Provider hereby indemnifies the City against any claim which
may be brought against the City by the Service Provider’s personnel or a
third party arising from the execution of this Agreement alternatively
which arises against the City as a result of the Service Provider’s breach
of any of the provisions of this Agreement, provided that the City shall
notify the Service Provider in writing within a reasonable time, and in any
event not less than 14 (fourteen) Business days of the City becoming
aware of any such claim to enable the Service Provider to take steps to
contest it and shall provide the Service Provider with such reasonable
assistance as may be necessary to enable the Service Provider to defend
the claim to the extent only that it is in a position to render such
assistance. The Service Provider may, within 5 (five) Business
Days of receipt of written notice from the City aforesaid, elect in writing
to contest such a claim in the name of the City and shall be entitled to
control the proceedings in regard thereto, provided that the Service
Provider indemnifies the City against all and any costs (including attorney
and own client costs) which may be incurred by or awarded against the
City as a consequence of the defence of the claim.
The Service Provider shall be liable to the City for any loss that the City or any
third party may suffer as a result of any theft, fraud or other criminal act of any
employee of the Service Provider which arises within the course and scope of
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such employees’ employment with the Service Provider.
23.2.1 Due to the confidential nature of certain aspects of the Services and the
position of trust which the Service Provider’s employees will fulfil, the
Service Provider hereby undertakes to use its best commercial
endeavours to ensure that it only assigns to the City employees who are
fit and proper persons and who display the highest standards of personal
integrity and honesty and who have not, to their knowledge, being
convicted of any crime.
23.2.2 The Service Provider shall, at its own cost, conduct all reasonable
background checks into members of its employees prior to utilizing same
to provide the Services in terms of this Agreement.
23.3 The City shall conduct all reasonable background checks into the Service
Provider’s employees from time to time, where it deems it necessary to do so.
24.1 The Service Provider shall comply with all employment legislation
24.1.1 The Service Provider warrants that it has full knowledge of all relevant
statutory, collective and other stipulations applicable to the relationship
with its personnel and its relationship with the City. This includes, but is
not limited to, the Labour Relations Act, the Basic Conditions of
Employment Act, 1977, the Employment Equity Act, 1998 and any other
applicable employment legislation currently in force.
24.1.2 The Service Provider warrants further that it is not and will not in future
be in contravention of any of the provisions of any such legislation and in
the event of such contravention, the Service Provider shall immediately
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take all steps to remedy such contravention. If the City advises the
Service Provider of any contravention of such legislation in writing, the
Service Provider shall, within 10 (ten) days after receipt of such notice,
take all steps necessary to remedy such contravention and shall keep the
City informed regarding the steps taken and the implementation and the
result thereof.
24.2 No employment
The Service Provider warrants that none of its personnel shall be regarded as
employees of the City. The Service Provider shall assist to defend and bear all
costs in the event that the City is required to defend a claim, whether civil or
employment related, instituted against it by the Service Provider’s personnel
should the City defend the matter, the Service Provider hereby indemnifies the City
against all and any costs (including attorney and own client costs) which may be
incurred by or awarded against the City as a consequence of the defence of the
claim.
The Service Provider shall be responsible for ensuring compliance with all the
provisions of the Occupational Health and Safety Act, 1993 and it indemnifies the
City against any claim which may arise in respect of such Act by its personnel
against the City.
25 SUB-CONTRACTING
25.1 The Service Provider may not Subcontract the whole of or any portion of the
Services in terms of this Agreement to any third party without the prior consent of
the City.
25.2 In the event the Service Provider wishes to Subcontract the whole of or any portion
of the Services in terms of this Agreement, it shall apply to the City in writing for
consent to do so.
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25.3 In its application, the Service Provider shall give the name of the Subcontractor,
the Subcontractor’s obligations, the proposed date of commencement of the
Subcontract which shall include the fees payable to the Subcontractor, and a report
of the background security check on the Subcontractor’s suitability, financial and
otherwise.
25.4 The City may, in its sole and absolute discretion refuse consent to Subcontract. In
the event the City approves the Subcontracting of the whole of or any portion of
the Services in terms of this Agreement, then:
25.4.1 the Service Provider shall ensure that the Subcontractor’s BBBEE level
is equal or better than that of the Service Provider, their price is
competitive and they have the capacity to provide the Service;
25.4.2 such Subcontracting shall not absolve the Service Provider from
responsibility for achieving the Service Levels or complying with its
obligations in terms of this Agreement and the Service Provider hereby
indemnifies and holds the City harmless against any loss, harm or
damage which the City may suffer as a result of such Subcontracting;
25.4.3 the Service Provider shall at all times remain the sole point of contact for
the City in respect of the acquisition of Services by the City; and
25.4.4 no such Subcontracting shall have any effect on the Contract Price and
charges payable by the City to the Service Provider in terms of this
Agreement.
26 CONFIDENTIALITY
26.1 The Service Provider acknowledge that all information relating to the City
confidential business and technical information, data, documents or other
information necessary or useful for the carrying on by the City of its business which
shall include, but shall not be limited to operating procedures, quality control
procedures, approximate operation personnel requirements, descriptions and
trade names and trademarks, know how, techniques, technology, information
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relating to clients, customers, suppliers, relevant authorities, copyright, trade
secrets and all goodwill relating to the business and any other intellectual property
rights, technical data and documents in whole or in part, used by the City in respect
of its business; (“Confidential Information”), shall remain confidential and shall
not be made known unless the City has given written consent to do so.
26.2 The information provided by the City in the context of this Agreement is Confidential
Information and the Service Provider shall take all reasonable measures to keep
the information confidential and will only use the information for the purpose for
which it was provided.
26.3 The Service Provider undertakes to not disclose any such Confidential Information.
However, there will be no obligation of confidentiality or restriction on use where:
26.3.2 the information was already known to the receiving Party (as evidenced
by its written records) prior to its receipt under this or any previous
agreement between the Parties or their affiliates; or
26.3.3 The information was received from a third Party not in breach of an
obligation of confidentiality.
27.1 All Intellectual Property Rights of the Contractor and/or third party vest in the
Contractor and/or third party, as appropriate.
27.2 All rights in the City name and logo remain the absolute property of the
City.
27.3 The Contractor warrants that no aspect of the Services provided in terms thereof
will infringe any Patent, Design, Copyright, Trade Mark or trade secret or other
proprietary right of any third party.
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27.4 The Contractor shall promptly notify the City, in writing, of any infringement or
apparent or threatened infringement or any circumstances which may potentially
give rise to an infringement, or any actions, claims or demands in relation to any
Intellectual Property Rights.
27.5 In the event the City becomes aware of any such infringement, the Contractor shall,
at its cost, defend the City against any claim that the Services infringe any such
third party Intellectual Property Rights, provided that the City gives notice to the
Contractor of such claim and the Contractor controls the defence thereof. The
Contractor further indemnifies the City against, and undertakes that it will pay all
costs, damages and attorney fees, if any, finally awarded against the City in any
action which is attributable to such claim and will reimburse the City with all costs
reasonably incurred by the City in connection with any such action.
27.6 Should any claim be made against the City by any third party in terms of clause
27.1 above, the City shall give the Contractor written notice thereof within 3 (three)
days of becoming aware of such claim to enable the Contractor to take steps to
contest it.
27.7 Should any third party succeed in its claim for the infringement of any third party
proprietary rights, the Contractor shall, at its discretion and within 30 (thirty) days
of the Services having been found to infringe, at its own cost:
27.7.1 obtain for the City the right to continue using the subject of infringement
or the parts thereof which constitute the infringement; or
27.7.2 replace the subject of infringement or the parts thereof which constitute
the infringement with another product or service which does not infringe
and which is materially similar to the subject of infringement; or
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28 FORCE MAJEURE
28.1 For the purposes hereof, Force Majeure shall mean civil strife, riots, insurrection,
sabotage, national emergency, acts of war of public enemy, rationing of supplies,
flood, storm, fire or any other like forces of nature beyond the reasonable control
of the party claiming Force Majeure and comprehended in the terms thereof.
28.3 In the event of circumstances arising which the other Party believes that it
constitutes a Force Majeure (“the Affected Party”) then such Affected Party shall
send, within 5 (five) days from the interrupting circumstances, a written notice of
the interrupting circumstances specifying the nature and date of commencement
of the interrupting event to the other Party. The Parties shall agree, in writing, to
suspend the implementation of this Agreement for a specific period (“Agreed
Period”).
28.4 In the event that both Parties reasonably believe that the Affected Party
shall be unable to continue to perform its obligations after the Agreed Period, then
either Party shall be entitled to terminate this Agreement without further notice to
the other Party.
29 CESSION
The Service Provider shall not be entitled to cede or assign or transfer in any other way
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and/or alienate its rights and obligations in terms of this Agreement without the prior
written consent of the City.
30.1 The Service Provider shall notify the City, in writing, of any change in the
Service Provider’s shareholding or membership or any change in the Service
Provider’s subsidiary companies or holding or its affiliates (such change shall be
considered a material change in the constitution and identity of the Service
Provider. The City may terminate this Agreement upon becoming aware of such
material change.
30.2 The Parties agree that should there be a change as envisaged in clause 30.1
above, the Service Provider will no longer exist and a new third party/entity shall
have been constituted. In this regard, such third party shall not be entitled to inherit
any of the Service Provider’s rights and obligations in terms of this Agreement,
which will only be transferred to the new entity in writing by the City following the
City’s satisfaction and approval in writing of such new entity.
30.3 The Service Provider shall further notify the City of any material changes
or circumstance which might have led the City to appoint the Service Provider to
Provide the Goods and/or Services. In the event that any material change or
circumstance occurs and the Service Provider fails to inform the City of such a
change or circumstance, the Service Provider shall be deemed to have breached
a material term of this Agreement and the City shall be entitled to cancel the
Agreement on 1 (one) month’s prior notice.
31 BREACH
31.1 Subject to clause 30.3 above, should either Party commit a breach of any term of
this Agreement (“the Defaulting Party”) then the affected party (“Aggrieved Party”)
shall be entitled to inform the Defaulting Party in writing to remedy such failure or
default within 5 (five) Business Days and should the Defaulting Party fail to remedy
the breach within 5 (five) Business Days after receipt of the notice the so Aggrieved
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Party shall be entitled, without prejudice to any of its rights under this Agreement
or law to:
31.1.1 immediately terminate this Agreement without giving written notice and
claim damages (which shall include legal costs on an attorney/client
scale); or
31.1.2 request specific performance and claim damages (which shall include
legal costs on an attorney/client scale); or
32 EARLY TERMINATION
The City shall have the right to terminate this Agreement by giving 30 (thirty) days’
notice in writing to the Service Provider of its intention to terminate the Agreement.
33 DISPUTES
33.1 Save for clause 31 above or any other clause in this Agreement which provides for
its own remedy, should any dispute arise between the Parties in respect of or
pursuant to this Agreement, including, without limiting the generality of the
aforegoing, any dispute relating to:
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33.2 Within 7 (seven) days of the declaration of such dispute, the Parties
representatives or their nominated persons shall meet in the spirit of goodwill and
endeavour to resolve the dispute, failing which (and without prejudice to any other
alternative dispute resolution to which the Parties may agree, either prior to or
concurrently with arbitration) the provisions of this clause 33 shall apply.
33.3 If the Parties are unable to resolve the dispute within 14 (fourteen) days of the
notice of the dispute (or such longer period as they may have agreed to in writing),
then either Party may, on written notice to the other Party, require that the dispute
be submitted to and decided by arbitration, in terms of the Arbitration Act, 42 of
1965 of South Africa (“the Arbitration Act”).
33.4 The arbitration shall be held under the provisions of the Arbitration Act provided
that the arbitration shall be:
33.5.3 any other matter, then the arbitrator shall be any independent person
agreed upon between the parties.
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33.6 Should the Parties fail to agree on an arbitrator within 14 (fourteen) days after the
arbitration has been demanded, then the arbitrator shall be nominated at the
request of either of the Parties, by the president for the time being of the Law
Society of the Northern Provinces.
33.7 Should the Parties fail to agree whether the dispute is of a legal, accounting or
other nature within seven (7) days after the arbitration has been demanded, then
33.8.2 interview and question under oath the parties of any of their
representatives;
33.8.3 decide the dispute according to what he considers just and equitable in
the circumstances; and
33.8.4 make such award, including an award for specific performance, damages
or otherwise, as he in his discretion may deem fit and appropriate. The
arbitration shall be held as quickly as possible after it is requested, with
a view to it being completed within thirty (30) days after it has been so
requested.
33.9 The arbitrator’s decision and award shall be in writing with reasons and shall be
subject to appeal by either Party.
33.10 Subject to the provisions of clause 33.9 above, the arbitrators award may, on
application by either Party to a court of competent jurisdiction and after due notice
is given to the other Party, be made an order of court.
33.11 Notwithstanding the provisions of clauses 33.1, 33.2, 33.3, 33.4, 33.5, 33.6 and
33.7 above, in the event of either Party having a claim against the other Party for
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a liquidated amount or an amount which arises from a liquid documents, or for an
interdict or other urgent relief, then the other Party having such a claim shall be
entitled to institute action therefore in a court of law rather than in terms of the
above clauses, notwithstanding the fact that the other Party may dispute the claim.
33.12 The provisions of this clause 33 are severable from the rest of this Agreement and
shall remain in effect even where this Agreement is terminated or cancelled for any
reason.
34.1 This Agreement shall be governed by and interpreted according to the Law of the
Republic.
34.2 Each Party submits to the exclusive jurisdiction of the South African courts in
respect of any matter arising from or in connection with this Agreement including
its termination. Each Party further consents to the jurisdiction of the High Court of
South Africa (North Gauteng High Court (Pretoria).
35.1 The Parties choose as their respective domicilium citandi et executandi (hereinafter
referred to as the “domicilium”) and for the delivery of any notices arising out of the
Agreement or its termination or cancellation, whether in respect of court process,
notices or other documents or communications of whatsoever nature (including the
exercise of any option), the address set out below:
Tshwane House
2nd Floor, Block D
320 Madiba Street Pretoria, 0001
Attention: __________________
Telephone: _________________
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Fax: 086 214 9544
Email: _____________________
_____________________
_____________________
_____________________
Attention: _____________________
Telephone: _____________________
Fax: _____________________
Email: _____________________
35.2 Each Party shall be entitled from time to time, by written notice to the other Party,
to vary its domicilium to any other address which is not a Post Office Box or a Poste
Restante.
35.3 Any notice given and any payment made by any Party to another Party
(hereinafter referred to as “the addressee”) which:
35.3.3 is sent by email or facsimile machine shall be deemed, until the contrary
is proven by the addressee, to have been received within 1 (one) hour of
transmission where it is transmitted during business hours of the
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receiving instrument and at noon on the following business day
(excluding Saturdays) where it is transmitted outside such business
hours.
35.4 Any notice or communication required or permitted in terms of this Agreement shall
be valid and effective only if in Writing but it shall be competent to give notice by
facsimile.
This Agreement constitutes the sole record of the agreement between the parties
with regard to the subject matter hereof. No party shall be bound by any express
or implied term, representation, warranty, promise or the like not recorded herein.
No addition to, variation of, or agreed cancellation of, this Agreement shall be of
any force or effect unless in writing and signed by or on behalf of the parties. Any
alleged waiver of this requirement must itself be reduced to writing and signed by
the the relevant party to be of any effect.
36.3 WAIVERS
No relaxation or indulgence which any party may grant to any other shall constitute
a waiver of the rights of that party and shall not preclude that party from exercising
any rights which may have arisen in the past or which might arise in future.
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Any provision of this Agreement which contemplates performance or observance
subsequent to any termination or expiration of this Agreement shall survive any
termination or expiration of this Agreement and continue in full force and effect.
An approval or consent given by a party under this Agreement shall only be valid
if in writing and shall not relieve the other party from responsibility for complying
with the requirements of this Agreement nor shall it be construed as a waiver of
any rights under this Agreement except as and to the extent otherwise expressly
provided in such approval or consent, or elsewhere in this Agreement. Any alleged
waiver of the requirement that the approval or consent must be in writing must itself
be reduced to writing and signed by the relevant party to be of any effect.
37 EXECUTION
37.1 This Agreement may be executed in several counterparts, which shall each be
deemed an original, but all of which shall constitute one and the same instrument.
A facsimile shall constitute a valid counterpart for all purposes hereunder.
37.2 The signatories to this Agreement by their signature warrant their authority to enter
into this Agreement and the capacity of their principal, if signing in a representative
capacity, to enter into this Agreement.
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Signed at ……………………… on this …………. day of ……………………….. 20…..
Witnesses
1. …………………………………….
2. ………………………………… ……………………………………..
Witnesses
1. …………………………………….
2. ………………………………… ……………………………………..
__________________________
__________________________
(duly represented by
_________________________
_________________________)
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ANNEXURE “A”
RESOLVED:
THAT the Company approves and enters into the Agreement on the terms and subject to the
conditions of the Agreement to which this resolution is attached.
THAT in his/her capacity as a
__________________ of the Company, be and is hereby authorised to negotiate, settle and
sign the Agreement attached hereto, and to sign all documentation and do all things necessary
to give effect to the aforesaid resolutions on behalf of the Company.
_____________________
Chairman/Company Secretary
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ANNEXURE “B”
ANNEXURE “C”
PAYMENT TERMS
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